IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 908 OF 2022

(@ SLP (CRL. )NO. 4260 OF 2022

SHAIK NAZNEEN

…….APPELLANT(S)

VERSUS

THE STATE OF TELANGANA & ORS. ………RESPONDENT(S)

O R D E R

Leave granted.

1.

This appeal challenges the order dated 25.03.2022

passed by the High Court of Judicature for the State of

Telangana at Hyderabad by which the Habeas Corpus Writ

Petition bearing No. 35519 of 2021 of the petitioner-

wife challenging the order of prevention of detention

of her husband has been dismissed.

2.

The brief facts of the case are that the

prevention detention order was passed against the

husband of the petitioner on 28^th October, 2021 by the

Commissioner of Police, Rachakonda Commissionerate on

grounds that the detenu was involved in gold chain

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Digitally signed by

Rajni Mukhi

Date: 2022.06.24

18:13:29 IST

Reason:

Signature Not Verified

snatching offences, where victims were mostly women. He

has been doing this since the year 2020 in the States

of Andhra Pradesh and Telangana. He was involved in as

many as 36 gold chain snatching offences. Earlier, the

detenu, along with three others, had formed a gang to

commit these offences in order to make quick money. It

was alleged that they had come to Hyderabad in a car

bearing No. AP 39 TU 5033 and took shelter in a lodge.

Their modus operandi was to first conduct recce of some

residential areas and after selecting a suitable

residential area, lift two wheelers and motor cycles

which were then used in the chain snatching offences.

Although according to the Authority the detenu was

involved in more than 30 cases but only 4 cases of

chain snatching were considered as ground for

detention, as the other cases were reported to be

behind the proximity period and out of the jurisdiction

of Commissionerate. The four cases on which reliance

has been placed are as under:

“(1) Crime No. 355 of 2021 for the offences

under Sections 392, 411 read with 34 IPC of

Medipally Police Station.

(2) Crime No. 358 of 2021 for the offences

under Sections 392, 411 read with 34 IPC of

Medipally Police Station.

(3) Crime No. 532 of 2021 for the offence

under Section 392 read with 34 IPC of Medipally

Police Station.

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(4) Crime No. 533 of 2021 for the offences

under Sections 392, 411 read with 34 IPC of

Medipally Police Station.”

3.

In short, against the detenu the F.I.Rs primarily

an offence of ‘robbery’ under section 392 of the Indian

Penal Code. The detention order also says that the

crimes were committed in broad day light and have thus

resulted in creation of fear and panic in the minds of

the general public, especially women and hence, the

Government had to interfere in order to “maintain

public order”.

4.

The said four cases were allegedly committed by

the detenu within a span of two months between

06.05.2021 to 26.07.2021 and were committed within the

jurisdiction of one police station i.e., Medipalli

police station. In all these cases, the detenu had

moved bail applications before the concerned

Metropolitan Magistrate and was granted bail under

Section 167 (2) Cr.P.C, which is commonly known as

‘default bail’ and the detenu was released on

16.10.2021. The detention order was later passed on

28.10.2021, which was subsequently confirmed by the

Advisory Council on 13.01.2022, i.e., within the

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stipulated time. The detenu is under detention since

28.10.2021.

5.

The Preventive Detention Law, under which the

powers have been exercised is a long winded statute

called 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 C