RAGULA SRIKANTH Vs. STATE OF TELANGANA

JUDGEMENT

(1.) Heard Mrs.Ravula Sowmya Reddy, learned counsel for the petitioner and Sri Mujeeb Kumar Sadasivuni, learned Special Government Pleader appearing for the respondents. Perused the record.

(2.) This Writ Petition is filed to issue Writ of Habeas Corpus to direct the respondent No.3 to produce the detenu i.e., Mr.Chekka Kumara Swamy, now detained in Central Prison, Cherlapally, Medchal-Malkajgiri District, before this Hon'ble Court and to set aside the impugned detention order vide proceedings No.563/WRC/CSB-XI/2023, dtd. 24/8/2023 passed by respondent No.2 and consequential Confirmation Order, if any, passed by respondent No.1 as illegal, arbitrary, improper, unilateral, unconstitutional and violative of Articles 21 and 22 of the Constitution of India and to forthwith release the detenu.

(3.) Respondent No.2 had passed the impunged detention order relying on the solitary crime i.e., Crime No.76 of 2023 registered against the detenu for the offences punishable under Ss. 8 (c) r/w. Sec. 20 (b)(ii)(c) of N.D.P.S. Act by Athmakur Police Station, Warangal Commissionerate. The allegation leveled against the detenu is that he is the owner of the subject car involved in the crime and he is illegally transporting 120 Kgs of Ganja worth Rs.24,00,000.00. Accused No.2 is Driver and Accused No.3 is resident of Orissa, who sold Ganja to A-1. Detenu / A-1 was arrested on 29/5/2023 itself. It is relevant to note that Court below has granted conditional bail to him on 26/7/2023.