J.HYMAVATHI Vs. STATE OF TELANGANA

JUDGEMENT

(1.) Smt.J.Hymavathi, the petitioner, has filed this Habeas Corpus petition on behalf of her son, Jinukala Upendar S/o.Narsaiah, the detenu, challenging the detention order vide No.04/PD CELL/CCRB/RCKD/2021, dated 08.01.2021, passed by the respondent No.2-Commissioner of Police-cum-Additional District Magistrate, Rachakonda Commissionerate, whereby, the detenu was detained under Section 3(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 & White Collar or Financial Offenders Act, 1986 and the consequential confirmation order vide G.O.Rt.No.675, General Administration (Spl. (Law & Order)) Department, dated 22.03.2021, passed by the respondent No.1- Principal Secretary to Government, General Administration (Spl. (Law & Order)) Department, Government of Telangana.

(2.) We have heard the submissions of Smt. G. Jaya Reddy, learned counsel for the petitioner, Sri G.Malla Reddy, learned Assistant Government Pleader for Home appearing on behalf of the learned Additional Advocate General for the respondents and perused the record.

(3.) Briefly, the facts of the case are that by relying on six criminal cases registered against the detenu in the year 2020 viz., Crime Nos.146, 147, 135 and 148 of 2020 of Mothkur Police Station, Crime Nos.323 and 355 of 2020 of Choutuppal Police Station, the respondent No.2 passed the impugned detention order dated 08.01.2021. According to respondent No.2, the detenu is a 'Goonda', as he has been committing theft of cattle (Buffaloes, Calves) and goats from the cattle sheds of farmer community in the Police Station limits of Mothkur and Choutuppal of Rachakonda Police Commissionerate and thereby, creating large scale fear and panic among the general public, especially farmer community and adversely affecting the public order, peace and tranquility in the area. Subsequently, by order, dated 22.03.2021, the impugned detention order was confirmed by the respondent No.1. Hence, this Writ Petition before this Court.