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J. K. MAHESHWARI, ATUL S. CHANDURKAR
Roshini Devi – Appellant
Versus
State of Telangana – Respondent
| Table of Content |
|---|
| 1. grounds and background of detention order. (Para 2 , 3) |
| 2. judicial review of detention order. (Para 4) |
| 3. arguments regarding legality of detention. (Para 5 , 6) |
| 4. court’s reasoning on preventive detention validity. (Para 7 , 8 , 9 , 10) |
| 5. final decision to quash detention order. (Para 11) |
JUDGMENT :
1. Leave granted.
3. The grounds of detention as referred to in the order of detention dated 10.03.2025 indicate consideration of the criminal history of the detenu. There is reference to Crime No. 243/ 2024 dated 16.09.2024 registered under Section 8 (c) read with Section 20 (b) (ii) (b) of the Narcotics Drugs and Psychotropic Substances Act, 1985 at the Prohibition and Excise Station Dhoolpet, District Hyderabad. There is also reference to Crime No. 270/2024 dated 12.12.2024 registered against the detenu under similar provisions as in the first crime. The detenu came to be arrested on 12.12.2024 and while she was in judicial custody, Crime No. 42/2024 under similar provisions came to be registered at the same Police Station on 17.12.2024. “Ganja” came to be seized from the detenu in this process. The detenu was found to be a “drug offender” under Section 2 (f) of the
(1) Preventive detention – There is fine distinction between “law and order” and “public order” – Mere registration of three offences by itself would not have any bearing on maintenance of public ord....
Preventive detention laws can be invoked even when criminal proceedings are ongoing, and activities deemed prejudicial to public order can warrant detention under the law.
Detention order – Justified - Cases registered under the NDPS Act - Drug-offender – Exclusion of two criminal cases registered for the offences punishable under Section 302 r/w 34 of IPC and Sections....
Preventive detention – Order of preventive detention may be made with or without prosecution and in anticipation thereof or after discharge or even acquittal and pendency of prosecution is no bar to ....
(1) Preventive detention – Mere apprehension of a breach of law and order is not sufficient to meet standard of adversely affecting “maintenance of public order”.(2) Personal liberty of accused canno....
The repeated drug offending activities and the inadequacy of bail to prevent the detenu from indulging in dangerous drug offences justified the preventive detention.
(1) Mere contravention of law such as indulging in cheating or criminal breach of trust certainly affects ‘law and order’ but before it can be said to affect ‘public order’, it must affect the commun....
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