THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.16506 of 2009 DATE: 19.08.2009 Between: C. Ashok Singh ... Petitioner and The Sub Inspector of Police, Rayadurg P.S., Ranga Reddy District and another ... Respondents THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.16506 of 2009 ORDER: This writ petition is filed by the petitioner seeking a Writ of Mandamus to declare the action of respondents in harassing him by calling to Rayadurg police station, Ranga Reddy District, and detaining him in the police station from morning to night and threatening him and his family members to implicate them in cases arising under the N.D.P.S. Act, the A.P. Excise Act, the A.P. Prohibition Act, and the Indian Penal Code, as illegal and arbitrary. 2. The case of the petitioner, in brief, is that he is doing business in black jaggery and alum in the name and style of "Yashoda Enterprises" at door No.1-9/2, Nanakramguda, Sherilingampally, Ranga Reddy. He filed W.P.No.20922 of 2008 before this Court seeking to declare the action of the respondents therein, in placing restrictions on his business in black jaggery, alum and other commodities, which are not prohibited under law, along with W.P.M.P.No.27343 of 2008 seeking direction to the respondents not to prevent him from carrying on business in black jaggery and alum, and this Court has granted interim direction, as prayed for, by an order dated 13.09.2008. While so, on 07.08.2009 the Sub Inspector of Police, Rayadurg P.S., Ranga Reddy District - 1st respondent called him to the police station stating that he was required by the Circle Inspector of Police, Rayadurg police station - 2nd respondent. Pursuant thereto, he went to the police station, but he was detained there till 9.00 p.m. on that day, and both the respondents beat him with rubber tubes and threatened him that they would implicate him in false cases, if he did not adhere to their directions. Aggrieved by the same, he filed this writ petition. 3. Heard the learned counsel for the petitioner as well as the learned Government Pleader for Home. 4. On written instructions, the learned Government Pleader for Home has submitted that C.C.No.439 of 2006 on the file of the Special Judicial First Class Magistrate for Excise and Prohibition Cases, Ranga Reddy District and C.C.Nos.357 of 2008 and 932/2009 on the file of the XII Metropolitan Magistrate, L.B. Nagar, Ranga Reddy District, for the offences under Sections 8(b) of the A.P. Prohibition Act and 8(e) of the A.P. Excise Act, are pending against the petitioner, and that at present, no case is registered against the petitioner in Rayadurg police station. 5. From the above, it is clear that the petitioner is indulged in transportation of liquor and jaggery, without having any licence. Hence, this Court is of the view that this writ petition can be dismissed. However, as it is contended by the learned counsel for the petitioner that the police at Rayadurg are harassing the petitioner and beat him on 09.08.2009 and he underwent treatment at Osmania General Hospital, Hyderabad, the respondents are hereby directed not to harass the petitioner, without following due process of law. 6. Accordingly, this writ petition is disposed of. There shall be no order as to costs. _________________________ GOPALA KRISHNA TAMADA, J 19th August, 2009 Note: Furnish CC by three days b/o CBS THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.16506 of 2009 (Disposed of) 19th August, 2009 Note: Furnish CC by three days. b/o CBS