BHUKYA VENKATI Vs. STATE OF TELANGANA
LAWS(APH)-2019-3-112
HIGH COURT OF ANDHRA PRADESH
Decided on March 26,2019

Bhukya Venkati Appellant
VERSUS
State of Telangana Respondents


Referred Judgements :-

M AHAMEDKUTTY VS. UNION OF INDIA [REFERRED TO]


JUDGEMENT

A. Rajasheker Reddy, C.J. - (1.)This Writ Petition is filed for issue of Habeas Corpus directing the respondents to release the petitioner's son viz., Bhukya Suresh S/o.Venkati (for short 'the detenue') from detention after quashing the detention order passed by respondent No.2 vide C.No.821/WRC/CSB-X1/2018, dated 24-07-2018 under Sub-section (2) of Section 3 of the Telangana Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act 1986 (Act No.1 of 1986) (for short 'the Act of 1986').
(2.)The sum and substance of the averments in the affidavit filed in support of the Writ Petition is that the petitioner is the father of detenue. The 2nd respondent passed impugned detention order dated 24.07.2018 basing on the five criminal cases registered against detenue and the same is confirmed by the 1st respondent by its order in G.O.Rt.No.2182 dated 15.10.2018, without appreciating the material on record. Though the detenue was granted conditional bails, the said fact is not considered by the detaining authority, as such, the detention order passed by the 2nd respondent is liable to be set aside.
(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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