N.PADMA Vs. STATE OF TELANGANA

JUDGEMENT

(1.) N.Padma, the wife of the detenu, Nalimela Vinod, has filed the present Writ Petition,, challenging the detention order dated 05.01.2019 passed by the Commissioner of Police, Ramagundam Commissionerate, Ramagundam, the respondent No.2, and the conformation order dated 02.03.2019 passed by Principal Secretary to Government (Poll), the respondent No. 1. By the former order, Nalimela Vinod was detained under Section 3(2) of the Telangana Prevention of Dangerous Activities of Bootleggers, Dacoits, DrugOffenders, 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 ("the Act", for short). By the latter order, the respondent No.1 has confirmed the detention order of the detenu.

(2.) Briefly, the facts of the case are that the police had registered three cases against the detenu under the Narcotic Drugs and Psychotropic Substance Act ('the NDPS Act', for short) during the years 2017 and 2018. Crime No.130/2018 of Godavarikhani-I Town Police Station was registered against the detenu for offence under Section 20(b), and Crime No.515/2018 of Godavarikhani-I Town Police Station registered for the offence under Section 8(c) r/w 20(b) of the NDPS Act. Relying on these two criminal cases, the Commissioner of Police, Ramagundam, passed a detention order on 05.01.2019 against the detenu. According to the respondent No.2, since the detenu was peddling "Ganja", he falls under the definition of "drug offender" as defined in Clause (f) of Section 2 of the Act. Since he has been repeatedly violating the provisions of the NDPS Act, since peddling of Ganja adversely affects the youth, his conduct has become prejudicial to the maintenance of public order. Moreover, while in Crime No.130/2018 allegedly "Ganja" weighing 2 kg 100 gms., was recovered, and in Crime No.515 of 2018, 5 Kgs 250 gms., of "Ganja" was recovered from the possession of detenu and his associates. Thus, the amount of "Ganja" being carried by the detenu was only increasing. Thereby, making the detenu as a potential threat to the maintenance of public order. Lastly, the detenu was granted bail in Crime No.130/2018 and his bail application in crime No.515/2018 is pending consideration. Therefore, in order to prevent the detenu from disturbing the public order, the said preventive detention order was passed by the respondent No.2. The said preventive detention order was subsequently confirmed by the respondent No.1 by its order dated 02.03.2019. Hence, the present habeas corpus petition before this Court.

(3.) Mr.A.Prabhakar Rao, the learned counsel for the petitioner, has raised the following contentions before this court: -