G. Roja v. Principal Secretary, Home Department, Secretariat, Hyderabad
Case at a glance
Provisions considered
- Constitution of India art. 226
- Narcotic Drugs and Psychotropic Substances Act, 1985 s. 20(b)(i)
Key paragraphs
- Para 66. With the above observations, the writ petition is disposed of, at the stage of admission. However, there shall be no order as to costs. ------------------------------ JUSTICE D.S.R.VARMA --------------------------- JUSTICE K.C.BHANU 16t h SEPTEMBER 2008 DRK
Judgment
Cause title
Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a Writ or order or direction more particularly one in the nature of Writ of Habeas Corpus declaring the action of the respondents detaining of G. Raj Kumar, son of Lakshmaiah, aged about 30 years, Resident of 404, G.N.R. Apartments, Friends Colony, Hyderabad, as illegal and to direct the respondents to produce him before this Hon'ble Court and set him at liberty and pass Counsel for t he Pet it ioner: MR.N.SUBBA RAO Counsel for t he Respondent s: THE ADVOCATE GENERAL The Court made t he following : THE HON'BLE MR JUSTICE D.S.R.VARMA AND THE HON’BLE MR. JUSTICE K.C.BHANU WRIT PET IT ION No.19411 of 2008
ORAL ORDER:
(per t he HON’BLE SRI JUST ICE D.S.R.VARMA) Heard the learned counsel appearing for the petitioner as well as the learned Assistant Government Pleader, representing the learned Advocate General, appearing for the respondents.
This writ petition is filed, under Article 226 of the Constitution of India, seeking to issue a writ of Habeas Corpus, declaring respondents in detaining G.Rajkumar, who is the husband of the petitioner (hereinafter referred to as ‘the detenu’), as illegal and direct the respondents to produce him before this Court and set him at liberty. the action of
The grievance of the petitioner, in this Writ Petition is, that the detenu was apprehended by the Task Force Police, on 01.09.2008, and has been detained illegally, and that he was neither released nor produced before any Court.
But, it is stated in the counter affidavit, filed by the fourth respondent, that the detenu is required in three crimes, which were already registered against him; that, on 09.09.2008, the detenu was found in possession of ganja; that, on the basis of his complaint, a case in Crime No.799 of 2008 for the offence punishable under Section 20 (b) (i) of NDPS Act, 1985, was registered against the detenu; that the detenu was arrested on the same day i.e., on 09.09.2008, and produced before the concerned Magistrate, on 10.09.2008, who remanded him to judicial custody.
In view of the fact that the detenu had already been produced before the concerned Magistrate, we do not find any reason to interfere in this writ petition nor there is any need to issue any writ, particularly that of a writ of Habeas Corpus. Even otherwise, if so aggrieved, the petitioner is always at liberty to proceed against the respondents, if so chosen and advised.
With the above observations, the writ petition is disposed of, at the stage of admission. However, there shall be no order as to costs. ------------------------------ JUSTICE D.S.R.VARMA --------------------------- JUSTICE K.C.BHANU 16t h SEPTEMBER 2008 DRK
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.