KAMSANI SAROJANA Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Writ Petition is filed for issue of Habeas Corpus directing the respondents to release the petitioner's daughter viz., Kamsani Kalyani (for short 'the detenu') from detention, after quashing the detention order passed by respondent No.2 vide No.47/PD-ACT/CCRB/CCRB/RCKD/2018, dated 23.08.2018 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 mother of detenu. The 2nd respondent passed impugned detention order dated 23.08.2018 basing on two criminal cases registered against detenu during the year 2018 and the same is confirmed by the 1st respondent by its order in G.O.Rt.No.2400 dated 05.11.2018, without appreciating the material on record and that no material is furnished to the detenue, which vitiates the detention order. The copy of bail application 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.