KAMSANI SANJEEVA Vs. STATE OF TELANGANA
LAWS(APH)-2019-4-4
HIGH COURT OF ANDHRA PRADESH
Decided on April 01,2019

Kamsani Sanjeeva Appellant
VERSUS
State of Telangana Respondents


Referred Judgements :-

NAGPUR IMPROVEMENT TRUST VS. VASANTRAO [REFERRED TO]


JUDGEMENT

A.Rajasheker Reddy, J. - (1.)This Writ Petition is filed for issue of Habeas Corpus directing the respondents to release the petitioner's mother viz., Kamsani Andalu (for short 'the detenu') from detention, after quashing the detention order passed by respondent No.2 vide No.64/PD-ACT/CCRB/CCRB/RCKD/2018, dated 25.09.2018 under Sub-section (2) of Section 3 of the Telangana Prevention of Dangerous Activities of Boot letters, Dacoits, Drug-Offenders, Goondas, Immoral Traffic Offenders, Land Grabbers, Spurious Seed Offenders, Insecticide Offenders, Fertiliser 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 (Amendment) Act, 2018 (Act No.13 of 2018).
(2.)The sum and substance of the averments in the affidavit filed in support of the Writ Petition is that the petitioner is the son of detenu. The 2nd respondent passed impugned detention order dated 25.09.2018 basing on one criminal case i.e., Cr.No.277/2018 of Yadagirigutta Police Station under Sections 370(1)(5), 372, 373, 366(A) IPC, Section 17 of POCSO Act and Sections 3 to 7 of ITP Act, 1956, Sections 75, 81 of JJ Act, 2015 registered against detenu during the year 2018 and the same is confirmed by the 1st respondent by its order in G.O.Rt.No.2050 dated 04.10.2018, without appreciating the material on record and that no material is furnished to the detenue, which vitiates the detention order. The copy of bail order and documents of complete Telugu translation version are not supplied to the detenu and that no case under Suppression of Immoral Traffic in Women and Girls Act, 1956 is registered against the detenu, 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 detenu.
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