HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI AND HON'BLE SRI JUSTICE PULLA KARTHIK

W.P.NO.43499 of 2022

ORDER : (Per Hon'ble Justice Abhinand Kumar Shavili)

This writ petition is filed seeking the following

relief:

"to issue a writ or order/s more particularly one in the nature of Writ of Habeas Corpus declaring the action of the 2nd respondent in detaining petitioner's son as illegal, arbitrary, unconstitutional and consequently direct respondent Nos.2 & 3 to produce Palle Vinod Kumar, S/o Narsaiah @ Narasimhulu, aged 23 years, Caste: SC (Mala), Occ: Driver, R/o, H.No.1-19, Pocharam Village, Regode Mandal, Medak District, Telangana, before this Court and set him at liberty"

2. Heard Sri T.Sunny Kumar, learned counsel appearing for the petitioner and learned Special Government Pleader appearing for the respondents.

3. Learned counsel appearing for the petitioner had contended that his son viz., Palle Vinod Kumar, S/o Narsimhulu, was detained by the respondents vide order dated 21.09.2022 on the ground that he was involved in Cr.No.80 of 2022 for the offence punishable under Section 8 (c) read with 20 (b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985, and based on the solitary crime, the respondents have passed the impugned order of detention. Learned counsel had further contended that the issue of detention based on solitary crime was considered by this Court in W.P.No.30726 of 2022, and this Court vide order dated 23.09.2022 has set aside the detention order holding that the provisions of Act 1 of 1986 cannot be invoked, based on the solitary crime. Therefore, following the said order dated 23.09.2022 in W.P.No.30726 of 2022, the impugned detention order dated 21.09.2022 is liable to be set aside.

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4. Learned Special Government Pleader appearing for the respondents had contended that the respondents have passed the detention order based upon solitary crime. Further, the quantity of ganja was more than the permitted quantity and hence, the respondents have rightly invoked the provisions of the Act 1 of 1986. Therefore, there are no merits in the writ petition and the same is liable to be dismissed.

5. Having considered the rival submissions made by the learned counsel on either side, this Court is of the view that the issue as to whether the provisions of Act 1 of 1986 can be invoked based upon solitary crime was considered by this Court in W.P.No.30726 of 2022 and this Court vide order dated 23.09.2022 has held that the provisions of Act 1 of 1986 cannot be invoked based upon the solitary crime. Following the said order dated 23.09.2022, the detention order dated 21.09.2022 is liable to be set aside.

6. Accordingly, the Writ Petition is allowed. The impugned detention order vide C.No.540/WRC/CSB-X1/2022, dt.21-09-2022, passed by the 2nd respondent, is hereby set aside. The respondents are directed to set the detenu viz., Palle Vinod Kumar, s/o Narsaiah @ Narasimhulu, at liberty, forthwith, in case, he is no longer required in any other criminal case.

Miscellaneous petitions, if any, pending shall stand closed.

___________________________________________________ JUSTICE ABHINAND KUMAR SHAVILI

________________________________ JUSTICE PULLA KARTHIK

Date : 27.01.2023 rkk Note: Registry to annex copy of the order dated 23.09.2022 passed in W.P.No.30796 of 2022