SANGEETHA RS Vs. STATE OF TELANGANA

JUDGEMENT

(1.) The present Writ of Habeas Corpus is filed by Smt. R.S. Sangeetha, seeking a direction to the respondents to produce her husband P.Prem Kumar, S/o. R.Parthasarathy, now detained in 3rd respondent's Prison, Hyderabad, before this Court and to order his release forthwith after declaring that his detention is illegal and invalid and set aside the orders passed by the 2nd respondent vide P.D. Act No.42/PD-CELL/CYB/2021, dtd. 24/4/2021, and consequential orders of the 1st respondent approving the detention vide G.O.Rt.No.1017, dtd. 3/5/2021.

(2.) The facts which led to filing of the present Writ is as under:-

(3.) The detenu is Prem Kumar, S/o. R. Parthasarathy. The 2nd respondent-Commissioner of Police, Cyberabad Commissionerate, taking into consideration the two crimes registered against detenu in Crime No.124 of 2021 of Gachibowli Police Station, for the offences punishable under Ss. 406, 420 of I.P.C. and Ss. 4, 5, 6 read with Sec. 3, 2 (c) of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 and Crime No.183 of 2021 of Ramachandrapuram Police Station, for the offences punishable under Ss. 406, 420 of I.P.C. and Ss. 4, 5, 6 read with Sec. 3, 2 (c) of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978, and having satisfied that the detenu has been indulging in acts of cheating the gullible public in an organized manner in the limits of Cyberabad Police Commissionerate and other areas by making the innocent people to join in Indus Viva Health Sciences Private Limited Company by way of selling the products as a big business opportunity and once the members are joined, they are pressurized to join other members in 1:1 ratio in order to earn commissions/easy money, thereby amassed huge amounts in an organized way by running illegal money circulation schemes in the guise of direct selling entity, selling products to students and unemployed youth in large; that he is a "White Collar Offender" as defined in Clause (x) of Sec. 2 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 While Collar of Financial Offenders, Cyber Crime Offenders and White Collar of Financial Offenders Act, 1986 (Act No.1 of 1986) (hereinafter referred to as 'the Act'); that he is acting in a manner prejudicial to the maintenance of public order; and that ordinary law under which he was booked is not sufficient to curb his dangerous and unlawful activities for which he shall be detained under the detention laws, passed the impugned order of detention vide P.D. Act No.42/PD-CELL/CYB/2021, dtd. 24/4/2021 under Sub-Sec. (2) of Sec. 3 of the Act No.1 of 1986.