ASHIYA BANU Vs. STATE OF TELANGANA

JUDGEMENT

(1.) Smt. Ashiya Banu, the petitioner, has filed this Habeas Corpus petition on behalf of her husband, Mohammed Afsar @ Sahil, S/o. late Mohammed Afzal, the detenu, challenging the detention order vide No:59/PD-CELL/CYB/2022, dtd. 17/12/2022, passed by the respondent No.2-Commissioner of Police, Cyberabad Commissionerate, whereby, the detenu was detained under Sec. 3(2) 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 and White Collar or Financial Offenders Act, 1986 (for short, 'Act 1 of 1986'), and the consequential confirmation order vide G.O.Rt.No.246, General Administration (Spl. (Law and Order)) Department, dtd. 17/2/2023, passed by the Secretary to Government, General Administration (Spl. (Law and Order)) Department, Government of Telangana.

(2.) Heard Ms. R. Sowmya Reddy, learned counsel for the petitioner and Sri S. Mujib Kumar, learned Special Government Pleader, representing the learned Additional Advocate General appearing for the respondents.

(3.) Learned counsel for the petitioner had contended that the detenu was detained vide the impugned detention order, dtd. 17/12/2022, by invoking the provisions under the Act 1 of 1986 for the alleged crime registered against him i.e., Crime No.1375 of 2022 of Gachibowli Police Station, registered for the offences under Ss. 370 and 370(A)(2) I.P.C. and Ss. 3, 4, 5 and 6 of Immoral Traffic (Prevention) Act, 1956. The detenu was arrested in connection with the said crime on 2/12/2022 and still he is in judicial remand and the detaining authority, without application of mind, has mechanically passed the impugned detention order, dtd. 17/12/2022, alleging that the detenu is causing disturbance and harm to the general public.