IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SIXTEENTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE D.S.R.VARMA and THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No. 13695 of 2009 Between: Smt. Banoth Dwali W/o. Venkatram R/o. B.R.N.Thanda, Pulluru Village, Garla Mandal, Khammam District. ..... PETITIONER AND 1 The Government of Andhra PRadesh Rep. by its Chief Secretary, Secretariat Buildings, Hyderabad 2 The Director General of Police, A.P., hyderabad. 3 the Superintendent of Police, Khammam, Khammam District. 4 The Station House Officer, Bhadrachalam town Police Station, Khammam District. 5 The Station house Officer, Garla Police Station, Khammam District. .....RESPONDENT(S) 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 to issue a Writ or order or direction more particularly on ein then ature of Writ of Habeas Corpus directing the respondents to produce the detenue i.e., Banoth Raja Son of late Venkatram resident of B.R.N. Thanda of Pulluru Village, Garla Mandal, Khammam District, before this Honourable court and set him at liberty forthwith and pass Counsel for the Petitioner:MR.C.DAMODAR REDDY Counsel for the Respondent No.: THE ADVOCATE GENERAL The Court made the following : THE HON'BLE SRI JUSTICE D.S.R.VARMA and THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No.13695 of 2009 ORAL ORDER : (per the Hon’ble Sri Justice D.S.R.Varma) Heard learned counsel appearing for the petitioner as well as the learned Assistant Government Pleader, representing the learned Advocate General, appearing for the respondents. 2. The grievance of the petitioner in this writ petition is that her son viz., Banoth Raja, s/o. late Venkatram, resident of B.R.N. Thanda of Pulluru village, Garla Mandal, Khammam District was illegally detained by the police of Bhadrachalam Police Station, Khammam District, that she is apprehending danger to his life and set him at liberty. 3. Separate counter affidavits have been filed by respondent Nos.4 and 5. 4. In the counter affidavit filed by the Sub-Inspector of Police, Bhadrachalam Town Police Station, Khammam District, representing the fourth respondent herein, it is brought to the notice of this Court that the alleged detenu was arrested in connection with Crime No.122 of 2009 for the offence punishable under Section 20 (b) (ii), 8 (c) of N.D.P.S. Act on 6.6.2009. Subsequently, after completion of necessary formalities, the alleged detenu along with others was produced before the Judicial First Class Magistrate, Bhadrachalam, who inturn remanded him to judicial custody on 10.7.2009. Pursuant to the said remand order of the learned Magistrate, the alleged detenu is now lodged in Central Prison, Warangal. 5. Having regard to the facts stated in the counter affidavit, in view of lawful custody of the alleged detenu, the question of issuing Writ of Habeas Corpus does not arise. 6. Accordingly, the writ petition is dismissed, at the stage of admission. However, there shall be no order as to costs. ________________________ JUSTICE D.S.R.VARMA __________________________________ JUSTICE B.SESHASAYANA REDDY 16-07-2009 Msr THE HON'BLE SRI JUSTICE D.S.R.VARMA AND THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No.13695 of 2009 16-07-2009 (Msr)