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A.RAJASHEKER REDDY, SHAMEEM AKTHER
Qamar – Appellant
Versus
State of Telangana – Respondent
ORDER :
Shameem Akther, J.
Smt. Qamar, the petitioner, has filed this Habeas Corpus petition on behalf of her son, Mohammed Aslam @ Ashu, S/o. Late Salam, aged 22 years, the detenu, challenging the detention order, dated 11.12.2020, passed by the Commissioner of Police, Rachakonda Commissionerate, the respondent No.2, and the subsequent confirmation order in G.O.Rt.No.389, General Administration (Spl. (Law & Order)) Department, Government of Telangana, dated 18.02.2021, passed by the Principal Secretary to Government, General Administration (Spl. (Law & Order)) Department, Government of Telangana, the respondent No.1, whereby, the detenu was detained under Section 3(2) of the Telangana Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug-Offenders, Goondas, Immoral Traffic Offenders, Land-Grabbers, Spurious Seed offenders, Insecticide Offenders, Fertilizer Offenders, Food Adulteration Offenders, Fake Document offenders, Scheduled Commodities Offenders, Forest Offenders, Gaming Offenders, Sexual Offenders, Explosive Substances Offenders, Arms Offenders, Cyber Crime Offenders & White Collar or Financial Offenders Act, 1986 (for short "P.D. Act").
2. We have heard the submiss
Point of Law : Detention order - there is every possibility of detenu committing similar offences in future, which are prejudicial to the maintenance of public order.- acts of the detenu cannot be ef....
The distinction between 'public order' and 'law and order' is crucial in determining the justification for preventive detention under the P.D. Act, and the sufficiency of subjective satisfaction by t....
Every breach of the peace does not lead to public disorder. When two drunkards quarrel and fight there is disorder but not public disorder. They can be dealt with under the powers to maintain law and....
The main legal point established in the judgment is the necessity of justifying the invocation of preventive detention laws and the distinction between 'law and order' and 'public order' in determini....
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....
Point of law: It is the bounden duty of the Police to inform the learned Public Prosecutor about the conduct of an accused and to handover the history-sheet of the accused
Preventive detention requires substantive evidence linking the detenue's activities to a disturbance of public order, not just the registration of FIRs.
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