A. Rajasheker Reddy, J. - (1.)This Writ Petition is filed for issue of Habeas Corpus directing the respondents to release the petitioner's husband viz., Kamsani Yadagiri (for short 'the detenu') from detention, after quashing the detention order passed by respondent No.2 vide No.36/PDACT/CCRB/CCRB/RCKD/2018, dated 25.07.2018 under Sub-section (2) of Section 3 of the Telangana Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act 1986 (Act No.1 of 1986) (for short 'the Act of 1986').
(2.)The sum and substance of the averments in the affidavit filed in support of the Writ Petition is that the petitioner is the wife of detenu. The 2nd respondent passed impugned detention order dated 25.07.2018 basing on one criminal case registered against detenu and the same is confirmed by the 1st respondent by its order in G.O.Rt.No.2202 dated 16.10.2018, without appreciating the material on record and that no material is furnished to the detenue, which vitiates the detention order. There is variance in the order of detention and the grounds of detention with the contents in FIR and other documents in Cr.No.220/2018 of Yadagirigutta Police Station with respect to the description of the Act. Though a case in Cr.No.220/2018 is registered under Section 2(i) of the Act of 1986, but no case under Suppression of Immoral Traffic in Women and Girls Act, 1956 is registered against the detenu. The detenu was granted bail in Crl.M.P.No.753/2018, but no copy of bail order or its translation is furnished to the detenu, as such, the detention order passed by the 2nd respondent is liable to be set aside.
(3.)Counter affidavit is filed by the 2nd respondent denying the averments in the affidavit filed in support of the Writ Petition and justified the reasons for passing detention order against detenue.