KANDUKURI MAHESH GOUD Vs. CHIEF SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) The father of Sri Kandukuri Sai Teja Goud/detenu filed this petition under Article 226 of the Constitution of India, for issuance of writ in the nature of Habeas Corpus directing the Respondents to produce the detenu and to call for the record and suspend order of detention in 177/PD-CELL/CYB/2021, dtd. 14/12/2021 passed by the Commissioner of Police, Cyberabad City/2nd Respondent and to set-aside the order as unlawful and to set the detenu at liberty forthwith.

(2.) The brief facts of the case are that the detenu had adverse history of three cases vide a) Cr.Nos.594 of 2021 under Sec. 393 of IPC, b) 597 of 2021 under Ss. 392, 302 read with 34 of IPC, and c) 616 of 2021 under Sec. 392 of IPC of P.S.Jeedimetla. On reference the 2nd Respondent classified the detenu as "Goonda" within the meaning of Sec. 2 (g) and by considering the above crimes as ground offences and by observing that the detenu has been engaged in committing property offences in an organized way and in one offence the robbery had lead to murder of commuter and these activities of the detenu are prejudicial to maintain the public order and disturbing peace and tranquility in the area. Thus, the 2nd Respondent had passed the impugned order under Sec. 3 (2) of the Prevention of Dangerous, Activities of Bootleggers, Dacoits and other offences or Financial Offenders Act, 1986 (hereinafter 'the Act').

(3.) We have heard the submissions of learned counsel for the petitioner, learned Assistant Government Pleader for Home for the Respondents and perused the materials on record.