MUDDA GEETHA,W/O MUDDA SURESH REDDY Vs. COLLECTOR & DISTRICT MAGISTRATE, SPSR NELLORE DISTRICT AND ANOTHER

JUDGEMENT

(1.) This Writ Petition is filed for issue of Habeas Corpus directing the respondents to produce one Mudda Suresh Reddy, S/o Muniswamy Reddy (the detenu) before the Court and set him at liberty by setting aside detention order, vide No.C1(M)/19/2018, dated 26.5.2018, passed by respondent No.1 as confirmed by G.O.Rt.No.1207, General Administration (SC.I) Department, dated 04.6.2018, passed by respondent No.2.

(2.) At the hearing, Mr. P.Nagendra Reddy, learned counsel for the petitioner, raised two grounds to impeach the validity of the impugned detention order. First, the detenu was granted bail in 10 out of 20 cases; that he was not physically released and that therefore, the observation made by respondent No.1 in the impugned detention order, viz., that the detenu did not change his attitude and continued prohibited smuggling of red sander wood after if he was granted bail, suffers from non-application of mind and second, that though at the time of passing of the impugned detention order, the detenu was under judicial remand in connection with as many as 10 cases, respondent No.1 has not recorded his satisfaction that there is a possibility for the detenu of obtaining bail in the remaining cases and repeating the activities which are prejudicial to the public order.

(3.) Mr.C.S.Surya Prakash Rao, learned Special Government Pleader (TS), submitted that the observation made by respondent No.1 in the impugned detention order referred to above contained in page-9 thereof has to be read along with the paragraph following the said observation and that, if they are read cumulatively what respondent No.1 meant to convey was that in spite of registration of many criminal cases, the detenu has not changed his attitude.