Preventive detention is justified when actions significantly threaten public health, establishing a disturbance of public order as defined under relevant statutes.

ORDER:

(Moushumi Bhattacharya, J.)

1. The present writ petition has been filed by the wife of the detenu against an order of detention dated 25.11.2024 passed by the respondent No.2/District Collector & District Magistrate, Warangal. The petitioner also challenges an order dated 23.12.2024 passed by the respondent No.1/State of Telangana, represented by its Chief Secretary, General Administration (Law & Order) Department, confirming the detention of the petitioner’s husband.

2. The petitioner seeks issuance of a Writ of Habeas Corpus directing the respondents to produce the detenu, who is presently lodged at the Central Prison, Cherlapally, Medchal-Malkajgiri District, before this Court to set aside the impugned detention order as well as the confirmation order, and release of the detenu.

3. The impugned order dated 25.11.2024 passed by the respondent No.2/District Collector & District Magistrate, Warangal, contains the grounds of detention. The detenu has been charged with engaging in the business of possession and sale of Illicitly Distilled Liquor (‘IDL’) in contravention of the provisions of The TELANGANA PROHIBITION ACT , 1995 (‘the 1995 Act’) as well as 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 (‘the 1986 Act’).

4. The impugned detention order also contains the particulars of cases registered against the detenu under the provisions of the 1986 Actand subsequent cases registered under the provisions of the 1995 Act. The confirmation order dated 23.12.2024 reiterates the findings of the District Collector & District Magistrate, Warangal, and directing detention of the detenu for a period of 12 months from the date of detention (25.11.2024).

The Facts leading to the Impugned Order:

5. A case vide Crime Occurrence Report (COR)No.99 of 2024 was registered against the detenu on 01.04.2024 under section 7A read with section 8(e) of the 1995 Act, consequent upon 20 litres of liquor being seized from the detenu. The seized liquor was analyzed by the Chemical Examiner of the Regional Prohibition and Excise Laboratory, Warangal on 05.07.2024. The Chemical Examiner opined that the seized substance was “IDL” which is unfit for human consumption and injurious to health. On 19.10.2024, a second case was registered under the provisions of the 1995 Act and 10 litres of liquor was seized from the detenu. On 28.10.2024, the Chemical Examiner analyzed the sample and opined that the seized IDL was unfit for human consumption and injurious to health