IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE D.S.R.VARMA and THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION NO : 19411 of 2008 Between: G. Roja, W/o. Raj Kumar, R/o. D.No. 404, G.N.R. Apartments, Friends Colony, Manikonda, Hyderabad. ..... PETITIONER AND 1 The Government of Andhra Pradesh, rep. by its Principal Secretary, Home Department, Secretariat, Hyderabad. 2 The Director General Of Police, Government of Andhra Pradesh, Saifabad, Hyderabad. 3 The Commissioner of Police, Hyderabad City, Poorana Haveli, Near City Civil Court Buildings, Hyderabad. 4 The Taskforce, rep. by its Inspector, Begumpet, Hyderabad. 5 The Station House Officer, Officer of Inspector of Police, Kukatpally Police Station, Hyderabad. ....RESPONDENTS 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 the Petitioner: MR.N.SUBBA RAO Counsel for the Respondents: THE ADVOCATE GENERAL The Court made the following : THE HON'BLE MR JUSTICE D.S.R.VARMA AND THE HON’BLE MR. JUSTICE K.C.BHANU WRIT PETITION No.19411 of 2008 ORAL ORDER: (per the 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. 2. This writ petition is ﬁled, under Article 226 of the Constitution of India, seeking to issue a writ of Habeas Corpus, declaring the action of the 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. 3. 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. 4. 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. 5. 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. 6. 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 16th SEPTEMBER 2008 DRK