Telangana High Court
Bachu Rathnakar vs The State Of Telangana And 2 Others on 23 February, 2022
Author: P. Naveen Rao
Bench: P Naveen Rao, G.Radha Rani
IN THE HIGH COURT OF JUDICATURE FOR THE STATE OF
TELANGANA
********
WRIT PETITION No.1910 of 2022
Between:
Bachu Ratnakar S/o.Ramulu,
Aged about 42 years, Occ: Business,
R/o.Vaddepally Village, Raipole Mandal,
(Presently lodged in Cherlapally Central Prison,
Hyderabad.)
Represented by his next friend (brother)
Bachu Chandrashekar S/o.Ramulu,
Aged about 45 years, Occ: Business,
R/o.H.No.2-64, Vaddepally village, Raipole Mandal,
Siddipet District, Telangana State.
.... Petitioner
And
The State of Telangana,
Rep.by its Principal Secretary,
Department of Home, Secretariat Buildings,
Hyderabad and others
..... Respondents
The court made the following:
PNR,J & Dr.GRR,J
2 WP No.1910 of 2022
THE HON'BLE SRI JUSTICE P.NAVEEN RAO
AND
THE HON'BLE Dr. JUSTICE G.RADHA RANI
WRIT PETITION No.1910 OF 2022
ORDER:(Per Hon'ble Sri Justice P. Naveen Rao) This Writ Petition is filed by the brother of the detenu aggrieved by the detention of the detenu, by name, Sri Bachu Ratnakar S/o.Ramulu under the provisions of Telangana Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and 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 and White Collar or Financial Offenders Act, 1986, (Act 1 of 1986), vide C.No.722/WRC/CSB-XI/2021, dated 31.12.2021 of the 2nd respondent.
2. Heard the learned counsel for the petitioner and the learned Government Pleader for Home.
PNR,J & Dr.GRR,J 3 WP No.1910 of 2022
3. On a reading of the order of detention, it is seen that the detaining of the detenue was on the ground that he was involved in two crimes alleging violation of provisions of Section 7 (1) (a) (2) of the Essential Commodities Act (for short 'E.C. Act'), vide Crime No.114 of 2021 of Bachannapet registered on 14.06.2021 and Crime No.288 of 2021 of Raghunathapally Police Station registered on 21.12.2021.
4. The allegation against the detenu is that he violated the provisions of the E.C. Act in purchasing of rice meant for public distribution from the ration card holders.
5. The very issue has fallen for consideration before this Court in Dhumpala Akhila v. The State of Telangana and others1. Paragraphs No.11 and 12 read as under:
"11. As seen from the material placed on record, in Crime No. 3 of 2020, there is alleged recovery of 239.95 Kgs. of PDS Rice and the Investigation Officer did not opine that arrest and remand of the detenu is necessary to prevent the detenu from committing further similar offences. He has issued notice under Section 41A Cr.P.C. to the detenu. In the other crime i.e., in Crime No. 180 of 2020, there is alleged recovery of 239.95 kgs. of PDS Rice and in the said crime, the detenu was not arrested at the scene of offence and it was alleged that the detenu surrendered himself before the Investigation Officer and confessed that since 2015, he has been doing clandestine PDS Rice business. Later, he was arrested and remanded to judicial custody. Thereafter, the detenu was released on bail on 24.09.2020.
Under these circumstances, the apprehension of the detaining authority that since the detenu was granted bail in Crime No. 180 of 2020, there is imminent possibility of his committing similar offence, 1 W.P. No.649 of 2021, dated 23.04.2021 PNR,J & Dr.GRR,J 4 WP No.1910 of 2022 which is detrimental to the public order, unless he is prevented from doing so by an appropriate order of detention, is highly misplaced. It is the bounden duty of the Police to inform the learned Public Prosecutor about the conduct of the detenu and to handover the entire case records available against the detenu. The police ought to have been vigilant in collecting the whole data against the detenu and to furnish the same to the Public Prosecutor/Additional Public Prosecutor to defeat the bail application/s of the detenu. Moreover, in the cases relied on by the detaining authority, the detenu alleged to have committed offences punishable under the Indian Penal Code and special law. So, it can be safely concluded that the said crimes can be dealt with under the provisions of the Indian Penal Code and special law. The detaining authority cannot be permitted to invoke the preventive detention laws as a substitute for criminal prosecution, in order to breach the liberty of an individual."
12. Grave as the offences may be, in the circumstances of the case, though they relate to purchase, hoarding, diverting and selling of PDS Rice, no inference of disturbance of public order can be drawn against the detenu. The subject cases can be tried under the normal criminal law. And, if convicted, can certainly be punished by the Court of law. Thus, these cases do not fall within the ambit of the words "public order" or "disturbance of public order". Instead, they fall within the scope of the words "law and order". Hence, there was no need for the detaining authority to pass the impugned detention order. Therefore, for the reasons stated above, the impugned orders are legally unsustainable"
6. Having regard to the view expressed by the Division Bench of this Court in the above case and considering the facts and circumstances of the instant case, we do not see any justification to resort to extreme measure of preventively detaining the detenu on the ground of involvement in the crimes under E.C. Act, therefore, we are of the opinion that the order of detention is not sustainable.
7. Accordingly, the Writ Petition is allowed. The impugned detention order passed by the Office of the Commissioner of Police, Warangal - 2nd respondent vide PNR,J & Dr.GRR,J 5 WP No.1910 of 2022 C.No.722/WRC/CSB-XI/2021, dated 31.12.2021, is hereby set aside. The respondents are directed to set the detenu, namely Bachu Ratnakar S/o.Ramulu, aged about 42 years, Caste: Vysya, Occ: Business, R/o. Vaddepally Village, Raypol Mandal, Siddipet District, at liberty forthwith, if he is no longer required in any other criminal case.
Miscellaneous Petitions pending, if any, shall stand closed.
__________________ P.NAVEEN RAO, J _____________________ Dr. G.RADHA RANI, J 23rd February, 2022 KTL