MOHD. RIZSRAN ALI Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This writ petition is filed under Article 226 of the Constitution of India by the proposed detenu Mohd. Rizwan Ali, S/o Late Ghulam Rehmani (hereinafter the petitioner), to issue writ in the nature of Mandamus, to call for entire record of the order of detention under Sec. 3 (1) and (2) of the Prevention of Black-Marketing and Maintenance of Supplies of Essential Commodities Act, 1980 (for short 'the Act,1980') in SB(1)No.454/PD-6/HYD/2021 dtd. 18/12/2021 on the file of Commissioner of Police, Hyderabad City/3rd Respondent and to set-aside the same as illegal and violation of his personal liberties granted under the Article 21 of the Constitution of India.

(2.) The relevant facts in brief are that the petitioner had come into adverse notice of the police in five offences i.e., crime numbers a) 166 of 2020, b) 167 of 2020, c) 213 of 2020, d) 241 of 2020 and e) 199 of 2021 of Chaderghat Police Station, Hyderabad Police Commissionerate under Ss. 406, 420 read with 34 of IPC and Sec. 7 of Essential Commodities Act, 1955 (for short 'the EC Act,1955) and Sec. 17 (e) of Telangana State Public Distribution System (Control) Order, 2016 (for short 'the order,2016). The detaining authority/3rd Respondent by having regard to the history of offences, classified the petitioner as 'black marketer' and forming the Cr.No.199 of 2021 of the Chaderghat Police Station, as ground offence and by observing that the petitioner is acting in a manner prejudicial to the maintenance of supplies of essential commodities to the community passed the impugned order for detention.

(3.) We have heard Sri C. Sharan Reddy, the learned counsel for the petitioner and Sri A.Manoj Kumar, learned Assistant Government Pleader for Home representing the learned Advocate General appearing for the Respondents and perused the materials record.