Telangana High Court
Boda Suresh vs The State Of Telangana 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.6297 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 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.C1/03/2023, dated 23-02-2023 (for short, 'the impugned detention order') and also the Confirmation Order passed by 1st respondent vide G.O.Rt.No.516, 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. Perusal of the record would go to show that the impugned detention order was issued by the 2nd respondent basing on ::2:: KL,J & PSS,J wp_6297_2023 involvement of detenu in three criminal cases, viz., (i) Crime No.229 of 2022, dated 19.12.2022; (ii) Crime No.06 of 2023, dated 07.01.2023; and (iii) Crime No.50 of 2023, dated 16.02.2023, for the 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.
4. The allegations levelled against the detenu are that he illegally possessed and transported (100) kgs. of black jaggery, (5) ltrs. of I.D. liquor; (100) kgs. of black jaggery, (8) ltrs. of I.D. liquor; and, (1000) kgs. of jaggery, (80) kgs. of Alum, (50) ltrs. of I.D. liquor and (300) ltrs. of fermented jaggery wash, respectively in the above crimes. Investigation is pending in all the above crimes.
5. According to learned Special Government Pleader, F.S.L. reports are awaited, and on receipt of the F.S.L. reports, the Investigating Officers would file charge-sheets.
6. The punishment prescribed for the aforesaid offences is three (3) years.
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7. Therefore, the Investigating Officers have already invoked the procedure laid down under Section 41-A of the Criminal Procedure Code, 1973. They have not initiated any 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 the above crimes. Further, as on the date of issuance of detention order, there was no material before the detaining authority to come to 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 persons who commit offence under the said enactments. In the instant case, the Investigating Officers have already set the criminal law into motion by registering the above three crimes against the detenu.
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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 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 three crimes. Thus, according to this Court, there is no mention in the detention order that the acts of the detenu disturbed the public order, and without considering the said facts, the 2nd respondent had passed the impugned detention order, dated 23.02.2023. The same was confirmed by the 1st respondent vide G.O.Rt.No.516, dated 04.04.2023 mechanically. Therefore, we are of the considered opinion that both the aforesaid orders are illegal and they are liable to be set aside. Accordingly, the same are set aside.
1 (1966) 1 S.C.R. 709 2 (1982) 2 S.C.C. 403 ::5:: KL,J & PSS,J wp_6297_2023
11. The Writ Petition is allowed. The respondents are directed to set the detenu, viz., Nunavath Kishan, S/o.Ramoji, Aged : 32 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.
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