G DEVI Vs. STATE OF TELANGANA
LAWS(APH)-2019-3-102
HIGH COURT OF ANDHRA PRADESH
Decided on March 22,2019

G Devi Appellant
VERSUS
State of Telangana Respondents




JUDGEMENT

A. Rajasheker Reddy, J. - (1.)This Writ Petition is filed assailing the proceedings in SB ID.No. 32/S1/PD/KMM/2018, dated 11.07.2018 of respondent No. 2, whereby he has ordered the detention of one Guguloth Babu Lal S/o.Hatchu, under Section 3(2) of the Telangana Prevention of Dangerous Activities of Boot Leggers, Dacoits, Drug-offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986 (for short 'the Act of 1986'), who is the husband of the petitioner (for short, "the detenue"), which is confirmed by the 1st respondent vide G.O.Rt.No.2395, General Administration (Spl.(Law & Order) Department, dated 05.11.2018, as illegal and arbitrary.
(2.)The sum and substance of the averments in the affidavit filed in support of the Writ Petition is that the detenue was falsely implicated in Crime Nos.362 of 2016 and 340 of 2017 of Police Station Afzalgunj Police Station, Hyderabad and Karepally Police Station, Khammam, respectively, which were registered against him under Section 20(ii) (b) (c) r/w 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act of 1985') alleging that he is a "Drug Offender" under Section 2(f) of the Act of 1986. The impugned detention order passed by the 2nd respondent vide proceeding SB.ID. No. 32/S1/PD/KMM/2018, dated 11.07.2018 on the allegation that he indulged in illegal and dangerous activities of peddling of narcotic drugs among innocent people and causing damage to the health and the said act is adversely affecting the maintenance of public order and public health. The order of the 2nd respondent was approved by the 1st respondent vide G.O.Rt.No.1423, dated 21.07.2018, which is subsequently confirmed by the 1st respondent vide G.O.Rt.No.2395, dated 05.11.2018, basing on the report of the advisory board. The 2nd respondent passed impugned detention order, without application of mind, as such, the same is liable to be dismissed.
(3.)Counter affidavit is filed by the 2nd respondent denying the averments in the affidavit filed in support of the Writ Petition and justified the reasons for passing detention order against detenue.
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