Telangana High Court
Boda Suresh vs The State Of Telangana And 2 Others on 20 June, 2023
Author: K. Lakshman
Bench: K.Lakshman, P.Sree Sudha
THE HONOURABLE SRI JUSTICE K. LAKSHMAN
AND
THE HONOURABLE SMT. JUSTICE P. SREE SUDHA
Writ Petition No.6292 of 2023
ORDER:(Per Honourable Sri Justice K. Lakshman) Heard Ms.R. Sowmya Reddy, learned counsel for the petitioner, and the learned Special Government Pleader, representing the learned Additional Advocate-General, for the respondents.
2. This Writ Petition is filed by the petitioner challenging the detention order passed by the 2nd respondent vide Rc.No.C1/04/2023, dated 23-02-2023 (for short, 'the impugned detention order') and also the Confirmation Order passed by 1st respondent vide G.O.Rt.No.517, dated 04.04.2023, 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. The impugned detention order was issued by the 2nd respondent on the ground that the detenu has involved in two criminal cases, viz., (i) Crime No.19 of 2023, dated 25.01.2023, ::2:: KL,J & PSS,J wp_6292_2023 for offences punishable under Section 7(A) r/w 8(e) of T.S. Prohibition Act, 1955 and Section 34(e) of the T.S. Excise Act, 1968; and (ii) Crime No.50 of 2023, dated 16.02.2023, for offences under Section 7(A) r/w 8(e) of T.S. Prohibition Act, 1955 and Section 34(e) of the T.S. Excise Act, 1968.
4. The allegations levelled against the detenu in both the crimes are that he has illegally possessed and transported (900) kgs. of Black Jaggery, (250) kgs. Alum, (10) ltrs. of I.D. liquor and (50) ltrs. of fermented jiggery wash, and (1000) kgs. of black jiggery, (80) kgs. of Alum, (50) ltrs. of I.D. liquor and (300) ltrs. of fermented jiggery wash, respectively. Investigation is pending in both the above crimes.
5. According to learned Special Government Pleader, F.S.L. reports are awaited, and on receipt of the said F.S.L. reports, the Investigating Officers will file charge-sheets.
6. The punishment prescribed for the aforesaid offences is three (03) years.
7. Therefore, the Investigating Officers have already invoked the procedure laid down under Section 41-A of the Criminal Procedure Code, 1973. However, they have not initiated any ::3:: KL,J & PSS,J wp_6292_2023 steps as required under Section 41-A(4) of Cr.P.C. against the detenu on the ground that the detenu is not cooperating with the Investigating Officers by furnishing relevant information and documents as sought by them. However, F.S.L. reports are awaited and investigation is pending in both the above crimes. Thus, as on the date of issuance of detention order, there was no material before the detaining authority to come to a subjective satisfaction with regard to issuance of the impugned detention order against the detenu.
8. The Telangana Excise Act and the Telangana Prohibition and Excise Act are special statutes wherein procedure is prescribed to prosecute the persons who commit offence under the said enactments. In the instant case, the Investigating Officers have set the criminal law into motion by registering the above two crimes against the detenu.
9. Considering the principles laid down by the Hon'ble Apex Court in Ram Manohar Lohia vs. State of Bihar1 and Ashok Kumar vs. Delhi Administration2, this Court, vide order dated 14.06.2023 in Writ Petition No.5743 of 2023 wherein the detenu 1 (1966) 1 S.C.R. 709 2 (1982) 2 S.C.C. 403 ::4:: KL,J & PSS,J wp_6292_2023 was involved in six criminal cases for the offences punishable under Telangana Excise Act and Telangana Prohibition Act, declared the detention order passed by the 2nd respondent therein as illegal, and set aside the same.
10. In the present case, the detention order was passed by the 2nd respondent by relying on the aforesaid two crimes. Thus, there is no mention in the detention order that the acts of the detenu disturbed the public order. Without considering the said aspects, the 2nd respondent had passed the impugned detention order, dated 23.02.2023, and the same was confirmed by the 1st respondent vide G.O.Rt.No.517, dated 04.04.2023 mechanically. Therefore, we are of the considered opinion that both the orders are illegal and they are liable to be set aside. Accordingly, they are set aside.
11. The Writ Petition is allowed. The respondents are directed to set the detenu, viz., Nunavath Ramu, S/o.Chandru, Aged : 38 years, Caste : Lambada, Occupation : Coolie, R/o.Bhavani Gaddathanda, Kesamudram Mandal, Mahabubabad District, free forthwith, if he is no longer required in any other criminal case. No costs.
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wp_6292_2023
12. As a sequel, miscellaneous applications pending if any in this Writ Petition, shall stand closed.
__________________________________ K. LAKSHMAN, J __________________________________ P. SREE SUDHA, J Date : 20.06.2023 Note : Issue C.C. forthwith.
B/o.
Ndr