IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE NINETEENTH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE R. KANTHA RAO WRIT PETITION NO : 5 of 2009 Between: Peeriga Draksha W/o. Chengaiah, R/o. Opposite Late to RTC Guarage, Adinarayanapuram, Chirala, Prakasam District. ..... PETITIONER AND 1 The Circle Inspector of Police, Prohibition and Excise Department, Ongole Prakasam District. 2 The Circle Inspector of Police, Prohibition and Excise Department, Chirala, Prakasam District. 3 The Superintendent, Prohibition and Excise Department, Prakasam District at Ongole. .....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 an Order direction, or a writ more particularly one in the nature of Writ of Habeas Corpus directing the Respondents herein to produce the husband of the petitioner herein namely Chengaiah who was illegally taken away on 12-12- 2008 at 10.00 Clock by the Mr. M. Venkata Rao, Circle Inspector, Prohibition and Excise, Ongole and Mr. Subba Rao, Circle Inspector of Prohibition and Excise Department, Chirala and apprehending danger to his life and set him at liberty forthwith and to pass such other or further orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:LETTER Counsel for the Respondent No.: THE ADVOCATE GENERAL The Court made the following : HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON'BLE SRI JUSTICE R. KANTHA RAO WRIT PETITION NO.5 OF 2009 ORDER: (Per Hon’ble Sri Justice A. Gopal Reddy) This is a taken up writ petition on the basis of the letter addressed by the petitioner dated 29.12.2008 to the Hon’ble Chief Justice alleging illegal detention of her husband viz., Chengaiah by the respondents 1 and 2 herein from 12.12.2008. The Circle Inspector of Police, Prohibition and Excise, Chirala, 2nd respondent herein filed an affidavit along with a copy of surrender petition moved by the alleged detenu before the Additional Munsif Magistrate, Chirala in connection with case in P.R. No.188/2008-09. The averments made in the affidavit goes to show that the alleged detenu is a habitual offender facing trial in number of prohibition and excise cases and his wife, who is the petitioner herein, is also an accused in P.R.No.8/2008- 09. As seen from the material filed by the 2nd respondent, the alleged detenu filed a surrender petition before the Additional Munsif Magistrate, Chirala on 18.12.2008 which was numbered as CFR No.13630 of 2008 and the same was returned with some office objections. The said fact clearly goes to show that the alleged detenu has not been illegally detained by the respondents and it falsifies the allegations made by the petitioner. Accordingly, the Writ Petition is dismissed. However, it is needless to say that if the surrender petition is re-presented by the alleged detenu, the learned Additional Munsif Magistrate, Chirala is under obligation to accept his surrender and pass appropriate orders thereon. No order as to costs. _________________ (A. GOPAL REDDY, J.) _______________ (R. KANTHA RAO, J.) JANUARY 19, 2009 TSR