LAWS(TLNG)-2020-8-41

HABEEB TAYYAB Vs. STATE OF TELANGANA

Decided On August 06, 2020
Habeeb Tayyab Appellant
V/S
State of Telangana Respondents

JUDGEMENT

(1.) The detention order vide SB(1) No.46/PD-3/HYD/2020 dated 12.02.2020 passed against Habeeb Ali Al Attas, S/o. Habeeb Salam Al Attas, by the 2nd respondent, Commissioner of Police, Hyderabad City, in exercise of powers conferred under Sub-Section (2) of Section 3 of the Telangana Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders, Land Grabbers, Spurious Seed Offenders, Insecticide Offenders, Fertilizer Offenders, Food Adulteration Offenders, Fake Document Offenders, Scheduled Commodities Offenders, Forest Offenders, Gaming Offenders, Sexual Offenders, Explosive Substances Offenders, Arms Offenders, Cyber Crime Offenders and White Collar or Financial Offenders Act, 1986 (Amendment Act No.13 of 2018) (for short 'the Act ') and as approved by the State vide G.O.Rt.No.811, General Administration (SPL) Law & Order Department dated 22.04.2020, are challenged in this Writ of Habeas Corpus as being illegal and arbitrary.

(2.) Heard Mr. A. Prabhakar Rao, learned counsel for the petitioner and Mr. T. Srikanth Reddy, learned Government Pleader for the respondents.

(3.) Learned counsel for the petitioner submitted that the impugned detention order is passed arbitrarily based on a solitary offence in Crime No.181 of 2019, Shalibanda Police Station, Hyderabad. The detention order is passed mechanically. The bail application of the detenu was dismissed and there is no bail petition pending. Thus, detention order suffers from non-application of mind and unsustainable.