IMPORTANT POINTS
(1) Preventive detention – Powers to be exercised under Preventive Detention Law are exceptional powers which have been given to Government for its exercise in an exceptional situation as it strikes hard on freedom and liberty of an individual and cannot be exercised in a routine manner.
(2) Default bail – In a bail of this nature conditions are not liable to be imposed.

Headnote:
Constitution of India – Articles 226 read with Articles 21 and 22 – Telangana Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug-Offenders, Goondas, Immoral Traffic Offenders Land-Grabbers, Spurious Seed Offenders, Insecticide Offenders, Fertiliser Offenders, Food Adulteration Offenders, Fake Document Offenders, Scheduled Commodities Offenders, Forest Offenders, Gaming Offenders, Sexual Offenders, Explosive Substances Offenders, Arms Offenders, Cyber Crime Offenders and White Collar or Financial Offenders Act, 1986 – Section 3 – Criminal Procedure Code, 1973 – Section 167(2) – Preventive detention – Habeas Corpus Petition – Against the detenu F.I.Rs primarily an offence of ‘robbery’ under section 392 of IPC – Maintenance of public order” has a crucial bearing here and unless Government is justified in holding that act of detenu is prejudicial to maintenance of public order, preventive detention would be bad and would be in violation of Articles 21 and 22 of Constitution of India as it encroaches upon liberty and freedom of an individual – Nature of crime as alleged against petitioner can at best be said to be a law and order situation and not public order situation which would have justified invoking powers under Preventive Detention Law – Detenu is allegedly involved in four criminal cases where he has been granted bail – Even assuming allegations of prosecution to be correct, then too it only reflects a “law and order” problem and not a “public order” problem as mentioned under the Act – Bail had to be given as charge-sheet was not filed by police in all cases within stipulated period of 60 days – Fault lies with prosecution – In bail of this nature conditions are not liable to be imposed – Powers to be exercised under Preventive Detention Law are exceptional powers which have been given to Government for its exercise in an exceptional situation as it strikes hard on freedom and liberty of an individual and cannot be exercised in a routine manner – State is not without a remedy, as in case detenu is much a menace to society as is being alleged, then prosecution should seek for cancellation of his bail and/or move an appeal to Higher Court – But definitely seeking shelter under preventive detention law is not proper remedy under facts and circumstances of case – Order of detention set aside. (Paras 3, 9 to 17 and 19)
Facts of the case:
Present appeal challenges the order dated 25.03.2022 passed by the High Court of Judicature for the State of Telangana at Hyderabad by which the Habeas Corpus Writ Petition bearing No. 35519 of 2021 of the petitioner-wife challenging the order of prevention of detention of her husband has been dismissed.
Findings of Court:
Order of detention dated 28.10.2021 and order dated 25.03.2022 of the Division Bench of High Court of Telangana are set aside. The detenu shall be released forthwith, in case he is not required in any other case.
Result : Appeal allowed.

ORDER

Leave granted.

1. This appeal challenges the order dated 25.03.2022 passed by the High Court of Judicature for the State of Telangana at Hyderabad by which the Habeas Corpus Writ Petition bearing No. 35519 of 2021 of the petitioner-wife challenging the order of prevention of detention of her husband has been dismissed.

2. The brief facts of the case are that the prevention detention order was passed against the husband of the petitioner on 28th October, 2021 by the Commissioner of Police, Rachakonda Commissionerate on grounds that the detenu was involved in gold chain snatching offences, where victims were mostly women. He has been doing this since the year 2020 in the States of Andhra Pradesh and Telangana. He was involved in as many as 36 gold chain snatching offences. Earlier, the detenu, along with three others, had formed a gang to commit these offences in order to make quick money. It was alleged that they had come to Hyderabad in a car bearing No. AP 39 TU 5033 and took shelter in a lodge. Their modus operandi was to first conduct recce of some residential areas and after selecting a suitable residential area, lift two wheelers and motor cycles which were then used in the chain snatching offences. Although according to the Authority the detenu was involved in more than 30 cases but only 4 cases of chain snatching were considered as ground for detention, as the other cases were reported to be behind the proximity period and out of the jurisdiction of Commissionerate. The four cases on which reliance has been placed are as under:

“(1) Crime No. 355 of 2021 for the offences under Sections 392, 411 read with 34 IPC of Medipally Police Station.

(2) Crime No. 358 of 2021 for the offences under Sections 392, 411 read with 34 IPC of Medipally Police Station.

(3) Crime No. 532 of 2021 for the offence under Section 392 read with 34 IPC of Medipally Police Station.

(4) Crime No. 533 of 2021 for the offences under Sections 392, 411 read with 34 IPC of Medipally Police Station.”

3. In short, against the detenu the F.I.Rs primarily an offence of ‘robbery’ under section 392 of the Indian Penal Code. The detention order also says that the crimes were committed in broad day light and have thus resulted in creation of fear and panic in the minds of the general public, especially women and hence, the Government had to interfere in order to “maintain public order”.

4. The said four cases were allegedly committed by the detenu within a span of two months between 06.05.2021 to 26.07.2021 and were committed within the jurisdiction of one police station i.e., Medipalli police station. In all these cases, the detenu had moved bail applications before the concerned Metropolitan Magistrate and was granted bail under Section 167 (2) Cr.P.C, which is commonly known as ‘default bail’ and the detenu was released on 16.10.2021. The detention order was later passed on 28.10.2021, which was subsequently confirmed by the Advisory Council on 13.01.2022, i.e., within the stipulated time. The detenu is under detention since 28.10.2021.

5. The Preventive Detention Law, under which the powers have been exercised is a long winded statute called the “Telangana Prevention of Dangerous Activities of Boot-Leggers, Dacoits, Drug-Offenders, Goondas, Immoral Traffic Offenders Land-Grabbers, Spurious Seed Offenders, Insecticide Offenders, Fertiliser Offenders, Food Adulteration Offenders, Fake Document Offenders, Scheduled Commodities Offenders, Forest Offenders, Gaming Offenders, Sexual Offenders, Explosive Substances Offenders, Arms Offenders, Cyber Crime Offenders and White Collar or Financial Offenders Act, 1986”(hereinafter referred to as `the Act’). Powers have been exercised under Section 3 of the Act which reads as under:

“3. (1) The Government may, if satisfied with respect to any boot-legger, dacoit, drugoffender, goonda, immoral traffic offender [Land-Grabber, Spurious Seed Offender, Insecticide Offender, Fertilizer Offender, Food Adulteration Offender, Fake