TOUPHIK Vs. STATE OF TELANGANA

JUDGEMENT

(1.) The detenu is Vajib Kham s/o Jamshed Khan. The 2nd respondent - Commissioner of Police, Hyderabad City, taking into consideration the four crimes registered against detenu in Cr. Nos. 535/2020, 877/2020, 943/2020 and 1047/2020 under Ss. 66-C and 66-D of IT Act, and Ss. 419 and 420 of IPC on the file of Cyber Crime Police Station, CCS, DD, Hyderabad, and holding that he is satisfied that detenu is habitually cheating people along with his associates in an organized manner, to acquire huge and illegal money in the limits of Hyderabad Police Commissionerate by giving false advertisements on OLX website indicating that vehicles were for sale by misrepresenting that he was working with Indian Army; 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, Fertiliser Offenders, Food Adulteration Offenders, Fake Document Offenders, Sexual Offenders, Explosive Substances Offenders, Arms Offenders, Cyber Crime Offenders and White Collar or Financial Offenders Act, 1986 (Act No. 1 of 1986); that he is acting in a manner prejudicial to the maintenance of public order; and that ordinary law under which he is booked is not sufficient to deal with his illegal activities, unless he is detained under the detention laws; passed the impugned order of detention vide SB(1) No. 250/PD-7/HYD/2020 dtd. 24/11/2020 under sub-sec. 2 of Sec. 3 of the Act No. 1 of 1986.

(2.) The said detention order has been approved by the Government under sub-sec. 3 of Sec. 3 of Act 1 of 1986 vide G.O. Rt. No. 1872 General Administration Spl. (Law and Order) Department dtd. 3/12/2020 and subsequently confirmed the 1st respondent vide G.O. Rt. No. 264 General Administration Spl. (Law and Order) Department dtd. 2/2/2021.

(3.) Assailing the same, the petitioner, who claims to be the brother-in-law of the detenu, filed the present writ petition for a writ of Habeas Corpus directing the 3rd respondent to produce the detenu, and to set aside the detention order.