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2017 Supreme(SC) 568

L.NAGESWARA RAO, NAVIN SINHA
V. Shantha – Appellant
Versus
State of Telangana – Respondent


JUDGMENT :

Navin Sinha, J.

Leave granted.

2. The appellant assails the order of preventive detention of her husband dated 17.10.2016, passed by Respondent No.2, under 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) (Telangana Adaptation) Order, 2015, (G.O.Ms.No.124, Dated17.03.2015) (hereinafter referred to as the 'Act').

3. Ms. Prerna Singh, learned counsel for the appellant, submits that an order of preventive detention is a serious matter affecting the liberty of the citizen. It cannot be resorted to when sufficient remedies are available under the general laws of the land for any omission or commission under such laws. The detenu was already being prosecuted under the penal code and the Seeds Act. Reliance was placed on Rekha vs. State of Tamil Nadu & Anr., (2011) 5 SCC 244.

4. It was next submitted that the detenu was already in custody in two other cases. The order of detention does not consider the same, setting out special reasons for an order of preventive detention, with regard to a person already in custody. The reasoning that there was every likelihood




















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