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Telangana HC dismisses plea against detention

Hyderabad: A two-judge bench of the Telangana High Court dismissed a habeas corpus writ plea challenging detention under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988.

Godishala Santhosh filed a writ petition questioning a detention order made on July 19, 2023, stating that it was based on a single crime. V.T. Kalyan, appearing for the deputy solicitor-general, pointed out that the allegations levelled against the detenu are serious and dangerous in nature.

The detaining authority, after considering the material on record, had passed the detention order in order to prevent the detenu from committing similar offences. He said that the petitioner and his associates were involved in illicit manufacture and sale of mephedrone, a psychotropic substance in their premises at Medipally in Medchal-Malkajgiri district.

“Perusal of the record would also reveal that the acts committed by the detenu are serious and grave in nature. During searches, DRI officials seized 136.275 kg of mephedrone from the premises. Rs 17 lakh cash was also seized. A part of this was received through hawala and the remaining from sale proceeds of narcotic substances manufactured/traded by the detenu. The bail applications filed by the detenu were dismissed considering the seriousness and graveness of the acts committed by him” the bench found.

It found that the detenu financed and arranged equipment and raw materials required to set up a factory for the manufacture of psychotropic substances. He set up a separate mephedrone manufacturing unit in Uppal, Hyderabad. Considering all the said aspects, the detaining authority arrived at the conclusion that the acts of detenu would certainly disturb ‘public order’ and accordingly passed the detention order.

Speaking for the bench Justice Lakshman said, “The acts committed by the detenu are prejudicial activities of illicit traffic of narcotics and psychotropic substances, which poses serious threat to the health and welfare of not only the citizens of the country, but also to every citizen in the world, besides the deleterious effect on the national economy. Therefore, the acts of the detenu are interlinked and continuous in character and are of such nature that the same affect the security and health of the nation.”

The bench accordingly upheld the detention order and dismissed the petition.

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