K. DAMLA Vs. STATE OF TELANGANA AND ORS.

JUDGEMENT

(1.) The detention order vide Proceeding No.06/PD-CELL/CYB/2020 dtd. 15/2/2020 passed against Kelavath Shankar, S/o. K. Damla by the 2nd respondent, Commissioner of Police, Cyberabad Commissionerate, in exercise of powers conferred under Sub-Sec. (2) of Sec. 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 confirmation order vide G.O.Rt.No.814, General Administration (Spl.L&O) Department, dtd. 22/4/2020 passed by the 1st respondent, are challenged in this Writ of Habeas Corpus as being illegal and arbitrary.

(2.) Heard Smt. B. Mohana Reddy, learned counsel for the petitioner and Mr. S. Sharat Kumar, learned Special Government Pleader for the respondents.

(3.) Learned counsel for the petitioner submits that the crimes allegedly committed by the detenu are pertaining to law and order affecting specific individuals and not public at large, thus not affecting public order. The detenu was granted bail in all the six ground cases and was released from jail on 26/8/2019 and after a lapse of six months of his release, on 15/2/2020, the detention order is passed illegally without assigning any cogent reasons. The crimes can be dealt with under ordinary criminal law and invoking draconian law and passing detention order is illegal, arbitrary and unconstitutional.