The main legal point established is the need for caution in invoking preventive detention, especially in distinguishing between 'law and order' and 'public order' as per Supreme Court precedents.

ORDER :

Shameem Akther, J.

Sri C. Abhayananda, the petitioner, has filed this Habeas Corpus petition on behalf of his son, Chetty Saichitra Anand, the detenu, challenging the detention order vide No.160/PD-CELL/CYB/2021, dated 18.11.2021, passed by the respondent No.3, whereby, the detenu was detained under Section 3(2) of the Telangana Preventive Detention Act, 1986 (Act 1 of 1986).

2. Heard the learned counsel for the petitioner, learned Assistant Government Pleader for Home appearing for the learned Additional Advocate General for the respondents and perused the record.

3. The case of the petitioner is that basing on a recent solitary crime registered against the detenu viz., Crime No.515 of 2021 of Miyapur Police Station, Cyberabad Commissionerate, registered for the offence punishable under Section 20 (b) (ii) (C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, ‘NDPS Act’), the respondent No.3 passed the impugned detention order, dated 18.11.2021. According to respondent No.3, the detenu is a ‘Drug Offender’, as he has been engaging himself in illegal and highly dangerous activities of peddling ganja among the innocent people in the limits of Cyberabad Police Commissionerate endangering the lives of the people especially youth, college students and daily labourers and causing irreparable damage to their Central Nervous System, thereby crippling the mental and physical health of the people at large and acting in a manner prejudicial to maintenance of public order and health as well. Subsequently, the impugned detention order was confirmed by the Government, vide G.O.Rt.No.343, dated 11.02.2022.

4. Learned counsel for the petitioner would contend that the impugned detention order has been passed in a mechanical manner and without application of mind. Already criminal law was set into motion against the detenu. The detenu got conditional bail in the solitary crime relied upon by the detaining authority vide order, dated 04.06.2021, passed in Crl.P.No.4044 of 2021 by this Court. But he was again sent to jail by invoking the draconian preventive detention laws on the apprehension that there is imminent possibility of the detenu again indulging in similar offence, which is unjustified. The alleged crime does not add up to “disturbing the public order” and it is confined within the ambit and scope of the word “law and order”. Since the offence alleged is under the NDPS Act, the detenu can certainly be tried and convicted under the said special law. Thus, there was no need for the detaining authority to invoke the draconian preventive detention law against the detenu. Hence, the impugned orders tantamount to colourable exercise of power. The impugned orders are legally unsustainable and ultimately, prayed to allow the Writ Petition, as prayed for.

5. On the other hand, the learned Assistant Government Pleader for Home appearing for the respondents supported the impugned orders and submitted that the detenu is a ‘Drug Offender’. He has been indulging in peddling of ‘ganja’, a narcotic substance, endangering the lives of youth causing irreparable damage to their body organs including the central nervous system, thereby crippling the health of those addicted to drugs. The detenu got conditional bail in the solitary crime relied upon by the detaining authority. Therefore, the apprehension of the detaining authority that there is imminent possibility of the detenu indulging in similar offence, is not misconceived. The crime allegedly committed by the detenu was causing widespread danger to public health and detrimental to public order. Therefore, the detaining authority was legally justified in passing the impugned detention order. Further, the Advisory Board rendered its opinion that there is sufficient cause for detention of the detenu and on considering the same along with the entire material on record, the Go