BHIMSEN TYAGI Vs. STATE OF TELANGANA AND ORS.

JUDGEMENT

(1.) The detention order vide 65/PD-Cell/CYB/2019, dated 27.12.2020 passed against Rajesh Thyagi S/o. Desvanth Thyagi, by the 2nd respondent, Commissioner of Police, Cyber bad Commissioner ate, 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 confirmation by the State vide G.O.Rt.No.495, General Administration (SPL) Law & Order Department dated 22.02.2020, are challenged in this Writ of Habeas Corpus as being illegal and arbitrary.

(2.) Heard Mr. P. Shashi Kiran, 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 detention 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 and there is no material to come to the conclusion that detenu has been acting in a manner prejudicial to maintenance of public order. There is no plausible satisfaction recorded by the detaining authority as to the compelling circumstances to pass the detention order. The detaining authority has wrongfully taken easy way out and resorted to an order of preventive detention. The authority did not give specific finding as to how normal law procedure is not sufficient to deter the detenu from committing similar offences.