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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 :
ATUL S. CHANDURKAR, J.
1. Leave granted.
2. The appellant who is the daughter of the detenu Aruna Bai alias Anguri Bai is aggrieved by the order of detention dated 10.03.2025 passed by the Collector and District Magistrate, Hyderabad under Section 3(2) of 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 (for short the Act of 1986). She approached the High Court of Telangana by preferring Writ Petition No. 12443 of 2025 for challenging the aforesaid order.
(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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