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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
MOUSHUMI BHATTACHARYA, GADI PRAVEEN KUMAR
Roshni Devi W/o Rajender Singh – Appellant
Versus
State of Telangana – Respondent
ORDER :
1. The petitioner seeks a Writ of Habeas Corpus for setting the detenu at liberty and for declaring the detention order vide proceedings No.B6/81/2025/DPEOH dated 10.03.2025 passed by the 2nd respondent, as approved by the 1st respondent vide G.O.Rt.No.358 dated 15.03.2025 and as confirmed by G.O.Rt.No.479 dated 15.04.2025 as illegal and to set aside the said orders.
2. The petitioner claims to be the daughter of the detenu viz. Smt.Aruna Bai @ Anguri Bai, who is now detained at Central Prison, Chanchalguda, Hyderabad. The impugned detention order has been passed under sub-section (2) of Section 3 of the Telangana Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug-Offenders, Goondas, Immoral Traffic Offenders, Land Grabbers, Spurious Seed Offenders, Insecticides 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 and White Collar or Financial Offenders Act, 1986 (for short ‘the Act’) on the ground that the detenu was involved in offences of peddling of Ganja, a narcotic dr
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.
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 ....
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....
(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 must be based on current threats and not solely on past conduct; reliance on stale incidents undermines legality.
Preventive detention requires strict justification and cannot be enacted merely on apprehension of future crimes, especially when bail has previously been granted.
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....
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