Back
A.RAJASHEKER REDDY, SHAMEEM AKTHER
Vankudoth Jani – Appellant
Versus
State of Telangana rep. by Principal Secretary, Home Department – Respondent
ORDER :
Shameem Akther, J.
1. Smt. Vankudoth Jani, the petitioner, has filed the present Writ Petition on behalf of her son-Vankudoth Sai Kumar @ Sai, the detenu, challenging the detention order, dated 03.10.2020, passed by the respondent No.3-Commissioner of Police, Rachakonda Commissionerate.
2. Heard the learned counsel for both sides and perused the record.
3. Briefly, the facts of the case are that by relying on a single criminal case registered against the detenu in Crime No.172 of 2020 of Abdullapurmet Police Station, Rachakonda Commissionerate, the respondent No.3-Commissioner of Police, Rachakonda Commissionerate, passed the detention order dated 03.10.2020. According to the respondent No.3, the detenu is a 'drug offender' and he along with his associates has been indulging in illegal and highly dangerous activities of peddling of narcotic drugs i.e., ganja in an organized manner among the innocent people in the limits of Rachakonda Commissionerate endangering the lives of youth and innocent people, causing irreparable damage to their body organs including the Central Nervous S
A single act or omission cannot be characterized as a habitual act or omission because, the idea of ‘habit' involves an element of persistence and a tendency to repeat the acts or omissions of the sa....
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....
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 is the need for caution in invoking preventive detention, especially in distinguishing between 'law and order' and 'public order' as per Supreme Court precedents.
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 main legal point established in the judgment is the requirement for compelling reasons to justify preventive detention under the PITNDPS Act, 1988, and the importance of complying with procedural....
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
