BADAVATH LEELA Vs. STATE OF TELANGANA AND ORS.

JUDGEMENT

(1.) The detention order vide 12/PD CELL/CCRB/RCKD/2020, dated 12.03.2020 passed against Badavath Kishan S/o. Tharya, by the 2nd respondent, Commissioner of Police, Rachakonda Commissionerate, 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 confirmed by the State vide G.O.Rt.No.885, General Administration (SPL) Law & Order Department dated 13.05.2020, are challenged in this Writ of Habeas Corpus as being illegal and arbitrary.

(2.) Heard Mr. P. Trivikram Reddy, learned counsel for the petitioner and Mr. T. Srikanth Reddy, learned Government Pleader for Home for the respondents.

(3.) The learned counsel for the petitioner submitted that the impugned order is passed without application of mind and the detenu can be dealt with under ordinary law. The detention order was passed mechanically based on solitary offence. The bail petition of the detenu is dismissed and he continues to be in judicial custody. There is no proper subjective satisfaction arrived at warranting the 2nd respondent to pass the impugned detention order. There is no justification for passing the detention order merely because the detenu is likely to be released on default bail under Section 167(2) Cr.P.C. The detention order grossly violates detenu's right to life and personal liberty guaranteed under Article 21 of the Constitution of India.