BHUKYA NIMMA Vs. STATE OF TELANGANA

JUDGEMENT

(1.) Bhukya Nimma, the petitioner, has filed this Habeas Corpus petition on behalf of his son, Bhukya Ramu, the detenu, challenging the detention order, dated 16.10.2020, passed by the respondent No.2-Collector and District Magistrate, Warangal Rural District, wherein, the detenu was detained under Section 3(1) & (2) read with Section 2(a) & (b) 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 (for short "P.D. Act") and the consequential confirmation order dated 19.12.2020 vide G.O.Rt.No.1987, General Administration (Spl. (Law & Order)) Department, passed by the respondent No.1-Principal Secretary to Government (POLL), General Administration (Spl. (Law & Order)) Department, Government of Telangana.

(2.) Heard the submissions of Sri P.Prabhakar Reddy, learned counsel for the petitioner, Sri G.Malla Reddy, learned Assistant Government Pleader for Home representing the learned Additional Advocate General for the respondents and perused the record.

(3.) Briefly, the facts of the case are that by relying on three criminal cases registered against the detenu in C.O.R.Nos.51 of 2020, 107 of 2020 and 167 of 2020 on the file of Prohibition & Excise Station, Parkal, the respondent No.2, passed the impugned detention order, dated 16.10.2020. According to the respondent No.2, the detenu is a 'bootlegger' as he has been repeatedly indulging in clandestine business of possession, purchase, transportation and sale of I.D liquor and raw material for manufacturing of illicitly distilled liquor, in contravention of Section 34(c) of Andhra Pradesh Excise Act, 1968 and Section 7(A) r/w 8(e) of Andhra Pradesh Prohibition Act, 1955 and thereby causing a feeling of fear and insecurity among the public and widespread danger to public health and thus disturbing the public order. Hence, this Writ Petition before this Court.