Document Fragment View
Fragment Information
Showing contexts for: copper in Sammaiah Penukula vs The State Of Telangana on 21 September, 2023Matching Fragments
4. The impugned detention order dated 03.05.2023 is passed by respondent No.2 relying on the following crimes:
Crime No. Offences Allegations levelled Remarks 39/23 of Sec.379 IPC & Theft of copper wire coil of Bail petition was Manthani PS Sec.136 (1) of 150 Kgs. from Agriculture dismissed.
TS Electricity Transformers. Police laid the charge Entire stolen property was is pending for trial. seized.
5. The detaining authority relying on the aforesaid four (04) crimes issued the impugned detention order dated 03.05.2023. The KL,J & SKS,J allegations levelled against him are that he has indulged in commission of theft of copper coils by damaging agricultural electric transformers and causing huge loss to the public properties and also small and marginal farmers in the limits of three (03) Districts i.e., Peddapalli, Mancherial and Jayashankar - Bhupalpalli. Thus, the detenu created panic in the minds of the small and marginal farmers.
6. Further, the detenu was also involved in thirty seven (37) crimes relating to theft of copper coils by damaging agricultural electric transformers during the years 2022 and 2023, and the details of which were also specifically mentioned in the grounds for detention. In fact, the detenu indulged in a series of similar offences numbering (41), causing huge loss to the public properties and thereby hampered agricultural operations and caused huge loss to small and marginal farmers in the locality which led to farmers' agitation thereby creating large scale of fear and panic among the farmers and general public adversely affecting 'public order', However, relying on the aforesaid four (04) crimes only, the detaining authority passed the impugned detention order. The modus operandi of the detenu in commission of the offences is also specifically mentioned in the detention order and grounds of detention.
i) He has also placed reliance on the principle laid down by the Hon'ble Supreme Court in Vijay Kumar v. Union of India 7; Smt. K. . (1988) 2 SCC 57 KL,J & SKS,J Aruna Kumari v. Government of Andhra Pradesh 8 and Sunila Jai v. Union of India 9.
9. Perusal of the record would reveal that the detenu along with his six (06) associates, who were working as private drivers, formed themselves into a gang along with two (02) juveniles (students) and decided to earn easy money by committing theft of copper coils from agricultural electric transformers by dividing into (02) Gangs and started committing theft of copper coils from electric transformers in the limits of Peddapalli, Mancherial and Jayashankar - Bhupalpalli District. For the said purpose, they got engaged two (02) TATA Ace Vehicles bearing Nos.TS19-T-8604 and AP15-TV-1735, Two Axes and Four Spanners. In pursuance of their plan, the detenu and his associates were moving in the outskirts of Eklaspur and Nagepalli Villages on the I/N of 07/08.02.2023 and noticed five (05) electric transformers. During power shut down time, they broke opened the transformers with axes and spanners and committed theft of copper coils weighing 150 KGs and decamped with the booty. Then, they shifted the copper coils and concealed in Eklaspur Forest Area. Later, 80 Kgs. copper coils sold to receiver, Thirupati for Rs.32,000/- @ . (1988) 1 SCC 296 . (2006) 3 SCC 321 KL,J & SKS,J Rs.400/- per Kg. and expensed the money for their lavish life. On 04.03.2023 at 0700 hours, the detenu and his associates were apprehended at Eklaspur Forest check post along with the aforesaid TATA Ace vehicle while shifting the stolen copper coils. The said acts of the detenu created alarm panic in the minds of common people, small and marginal farmers within the limits of the aforesaid three Districts. It certainly disturbs 'public order'. The detenu is a habitual offender and is a 'Goonda' as defined in Clause - (g) of Section - 2 of the Act No.13 of 2018. In all the aforesaid four (04) crimes which were relied upon by the detaining authority while issuing detention order, the Investigating Officers have completed investigation and laid the charge sheets and C.C. numbers were assigned and the same are pending for trial. In the aforesaid crimes except Crime No.39 of 2023, the detenu did not even move bail application. Further, in Crime No.39 of 2023, the bail application filed by the devenu was dismissed. The detenu is in judicial remand.