J. B. PARDIWALA, J.: - For the convenience of the exposition, this judgement is divided in the following parts: -

INDEX A. FACTUAL MATRIX .................................................................................... 3 B. IMPUGNED JUDGMENT OF THE HIGH COURT ............................. 15 C. SUBMISSIONS ON BEHALF OF THE APPELLANTS ........................ 17 D. SUBMISSIONS ON BEHALF OF THE RESPONDENTS .................... 20 E. ANALYSIS ................................................................................................... 21 Digitally signed by CHETAN KUMAR Date: 2024.03.21 16:24:01 IST Reason:

Signature Not Verified i.

Extraneous Considerations that weighed with the Detaining Authority thereby vitiating the Order of Preventive Detention. ........................... 34 ii. Summary of the Findings. ....................................................................... 42 iii. The Saga Continues ................................................................................. 45 iv. Role of the Advisory Board ..................................................................... 47 F. CONCLUSION ........................................................................................... 54

1. Leave granted in both the captioned appeals.

2. Since, the issues raised in both the captioned appeals are the same;

both the appellants are co-detenus and the challenge is also to the self-same judgment and order passed by the High Court those were taken up for hearing analogously and are being disposed of by this common judgment and order.

3. For the sake of convenience, the Criminal Appeal No. ……. of 2024 @ SLP (Cri) No. 3390 of 2024 is treated as the lead matter.

4. This appeal is at the instance of a detenu, preventively detained under Section 3(2) of 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 (for short, the “Act 1986”) and is directed against the judgment and order passed by a Division Bench of the High Court for the State of Telangana at Hyderabad (Special Original Jurisdiction) dated 16.09.2023 in Writ Petition No. 26941 of 2023 filed by the appellant herein by which the Division Bench rejected the writ petition and thereby declined to interfere with the order of preventive detention passed by the Commissioner of Police Rachakonda Commissionerate, State of Telangana dated 12.09.2023 in exercise of his powers under Section 3(2) of the Act 1986.

A.

FACTUAL MATRIX

5. The order of detention dated 12.09.2023 passed by the respondent No. 2 herein reads thus:

“ORDER OF DETENTION ORDER OF DETENTION 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, 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, 1 OF 1986 (AMENDMENT ACT NO. 13 OF 2018)”.

WHEREAS, information has been placed before me that the offender “Nenavath Ravi S/o. Nenavath Jagan, Age: 23 years, Occ: Coolie, R/o. Indiranagar Colony, Chandrayanagutta, Hyderabad, N/o. Padamati Thanda village, Neredugumma Mandal, Nalongda Dist” is a “Goonda” as defined in clause (g) of Section 2 of the “Telangana prevention of dangerous activities of bootleggers, dacoits, drug-offenders, goondas, immoral traffic offenders, land-grabbers, sp