NERELLA PRABHA LATHA Vs. STATE OF TELANGANA

JUDGEMENT

(1.) Proceedings in C. No. 538/WRC/CSB-XI/2017, dated 28.6.2017 of respondent No. 2, whereby he has ordered the detention of one Nerella Satish, husband of the petitioner (for short, "the alleged detenu"), are questioned in this writ petition.

(2.) The detenu is accused in three criminal cases, namely, Crime Nos. 194 of 2014 and 175 of 2016 and Crime No. 19 of 2017 registered for the offence under Section 8(c) read with Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, "the NDPS Act"). While the first mentioned two cases were registered by the Kakatiya University Police Station of Warangal City, the third case was registered by Mothugudem Police Station of East Godavari District.

(3.) In the grounds for detention, respondent No. 2 has referred to and relied upon Crime No. 175 of 2016. It is stated therein that in connection with the said crime, involving seizure of 240 Kgs. of Ganja from the possession of Kallepu Bixapathi, Malothu Ramesh, Malothu Devender and Md. Habeeb Shah, were arrested and produced before the VI Judicial Magistrate of First Class, Warangal, on 19.2016, who remanded them to judicial custody. That the samples drawn from the contraband seized were forwarded to the Forensic Science Laboratory, Hyderabad, for chemical analysis and report, which revealed that the "items are analyzed and cannabinol, an active constituent of well grown cannabis plant, commonly known as "Ganja" which is considered as Narcotic substance, was found in them. That the detenu, who was described as prime accused in the said offence and was absconding, was arrested on 29.12.2016 and produced before the VI Judicial Magistrate of First Class, Warangal, who remanded him to judicial custody.