Telangana High Court
Gugulothu Laxmi vs The State Of Telangana on 27 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.13080 of 2023
ORDER:(Per Honourable Sri Justice K. Lakshman) Heard Mr.Laxmaiah Kanchani, 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 proceedings in C.No.C1/06/2023, dated 19.04.2023, (for short, 'the impugned detention order') and the consequential Confirmation Order passed by the 1st respondent vide G.O.Rt.No.824, General Administration (Spl. Law & Order) Department, dated 07.06.2023, and to release the detenu.
3. Petitioner herein is wife of the detenu, viz., Guguloth Naveen.
::2:: KL,J & PSS,J
wp_13080_2023
4. Perusal of the record would reveal that the detenu was involved in the following crimes, details of which are tabulated as under :
Sl. Crime No./ Section of law Figured Property Stage of No Date/ as seized the case . Station
1. 409/2020, 34 (e) of T.S. A.1 1200 kgs. of Black 29.12.2020 of Excise Act, 1968 among Jaggery; Investigation P & E Station, three (03) 150 kgs. of Alum. is pending.
Thorrur accused
2. 53/2021, 34 (e) of T.S. A.2 2150 kgs. of Black
05.03.2021 of Excise Act, 1968 among Jaggery; Investigation
P & E Station, two (02) 200 kgs. of Alum. is pending.
Thorrur accused
3. 60/2021, 34 (e) of T.S. A.1 5200 kgs. of Black
05.03.2021 of Excise Act, 1968 among Jaggery; Investigation
P & E Station, four (04) 300 kgs. of Alum; & is pending.
Thorrur accused DCM Van, bearing
Registration
No.AP-28-TD-4419
4. 159/2022, 7(A), r/w 8(e) of Solo 05 ltrs. of I.D.
19.06.2022 of T.S. Prohibition Accused Liquor; Investigation
P & E Station, Act, 1995 & 34 (e) 3000 kgs. of Black is pending.
Thorrur of T.S. Excise Act, Jaggery; &
1968 200 kgs. of Alum
5. 306/2022, 7(A), r/w 8(e) of A.1 60 ltrs. of I.D.
27.10.2022 of T.S. Prohibition among Liquor; Investigation
P & E Station, Act, 1995 & 34 (e) four (04) 200 ltrs. of F.J. is pending.
Thorrur of T.S. Excise Act, persons Wash;
1968 2050 kgs. of Black
Jaggery;
110 kgs. of Alum;
&
Mahindra Bolero
Truck bearing
registration
No.TS-04-UC-7955
6. 219/2023, 7(A), r/w 8(e) of A.1 60 ltrs. of I.D. Investigation
20.03.2023 of T.S. Prohibition among Liquor; is pending.
P & E Station, Act, 1995 & 34 (e) two (02) 2100 kgs. of Black
Thorrur of T.S. Excise Act, persons Jaggery;
1968 200 kgs. of Alum;
&
Ashok Leyland
Goods Carrier
bearing registration
No.AP-39-UG-4840
::3:: KL,J & PSS,J
wp_13080_2023
5. In all the aforesaid six (06) crimes, investigation is pending. According to learned Special Government Pleader, F.S.L. reports are awaited and on receipt of the same, the Investigating Officers will file charge-sheet against the detenu.
6. Of all the six crimes referred above, the 2nd respondent-
detaining authority had referred only two crimes in the impugned detention order, viz., item Nos.5 and 6 of the table referred above which were registered for the offences punishable under Section 7(A) r/w Section 8(e) of the Telangana State Prohibition Act, 1995 and Section 34(e) of the Telangana State Excise Act, 1968.
7. Since the punishment prescribed for the aforesaid two (02) crimes is three years, the Investigating Officers have already set the criminal law into motion by invoking the procedure laid down under Section 41-A of Criminal Procedure Code, 1973. However, they have not initiated any steps under Section 41-A(4) of Criminal Procedure Code, 1973.
8. The Telangana State Excise Act, 1968 and the Telangana State Prohibition and Excise Act, 1995 are special enactments and procedure is laid down under the said enactments to ::4:: KL,J & PSS,J wp_13080_2023 prosecute the accused who commits offence under the said enactments.
9. It is also relevant to note that the Honourable Apex Court and this Court have, time and again, categorically held that detention orders can be passed in rarest of rare cases, that too, to prevent a detenu from committing similar offence which would cause disturbance to public order, and the detaining authority has to draw distinction between "disturbance to public order" and "disturbance to law and order"; and the detaining authority shall consider the entire material on record to come to subjective satisfaction on the said aspects.
10. In the present case, the detention order was passed by the 2nd respondent against the detenu by relying on above two (02) crimes. Thus, there is no mention in the detention order that the acts of the detenu had caused disturbance to public order. Without considering the said aspects, the 2nd respondent had passed the impugned detention order, dated 19.04.2023.
11. Therefore, we are of the considered opinion that the impugned detention order passed by the 2nd respondent vide proceedings in C.No.C1/06/2023, dated 19.04.2023, and the ::5:: KL,J & PSS,J wp_13080_2023 consequential Confirmation Order passed by the 1st respondent vide G.O.Rt.No.824, General Administration (Spl. Law & Order) Department, dated 07.06.2023, are illegal and the same are liable to be set aside. Accordingly, they are set aside.
12. The Writ Petition is allowed. The respondents are directed to set the detenu, viz., Guguloth Naveen, S/o.Balya, Aged : 25 years, Caste : ST-Lambada, Occ : Business, R/o. Somla Thanda (V), H/o.Lachya Thanda, Maripeda (M), Mahabubabad District, free forthwith if he is no longer required in any other criminal case. No costs.
13. As a sequel, miscellaneous applications pending if any in this Writ Petition, shall stand closed.
__________________________________ K. LAKSHMAN, J __________________________________ P. SREE SUDHA, J Date : 27.06.2023 Note : Issue C.C. forthwith.
B/o.
Ndr