DARAVATH MAMATHA Vs. STATE OF TELANGANA

JUDGEMENT

(1.) Daravath Mamatha, the sister of the detenu, Angoth Ramu, has filed the present Writ Petition, challenging the detention order dated 11.03.2019 passed by the Commissioner of Police, Ramagundam Commissionerate, Ramagundam, the respondent No.2, and the conformation order dated 20.04.2019 passed by Principal Secretary to Government (Poll), the respondent No. 1. By the former order, Antogh Ramu was detained under Section 3(2) of the Telangana Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug-Offenders, Goondas, Immoral Traffic Offenders, LandGrabbers, 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. Relying on Crime No.440/2018 of Mancherial Police Station, registered for the offence under Section 8(c) r/w 20(b) of NDPS Act, 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, the Commissioner of Police, Ramagundam, passed a detention order on 11.03.2019 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.440/2018 allegedly "Ganja" weighing 4 kgs., 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 both the crimes. 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 20.04.2019. Hence, the present habeas corpus petition before this Court.

(3.) Heard the learned counsel for the parties and perused the impugned orders.