Case Note & Summary
The Supreme Court allowed an appeal challenging the preventive detention order against Aruna Bai alias Anguri Bai under the Telangana Prevention of Dangerous Activities Act, 1986 -- The detenu had been detained based on three criminal cases registered under the Narcotic Drugs and Psychotropic Substances Act, 1985 involving 'Ganja' -- The High Court had upheld the detention order -- The Supreme Court found that the detention order merely referred to the criminal cases without any material showing how the detenu's activities affected public order as distinct from law and order -- The Court emphasized the crucial distinction between public order and law and order in preventive detention cases -- The apprehension that the detenu might obtain bail did not justify preventive detention -- The order was quashed and the detenu directed to be released
Headnote
The Supreme Court allowed the appeal filed by Roshini Devi challenging the preventive detention order against her mother Aruna Bai alias Anguri Bai -- The Court held that the order of detention dated 10.03.2025 passed 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 of 1986) was unsustainable -- The Court found that merely referring to three criminal cases registered against the detenu under the Narcotic Drugs and Psychotropic Substances Act, 1985 was insufficient to establish that her activities were prejudicial to maintenance of public order as required by Section 2(a) of the Act of 1986 -- The distinction between law and order and public order was emphasized -- The apprehension that the detenu might obtain bail and continue illegal activities did not justify preventive detention -- The order was set aside and the detenu directed to be released forthwith
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Issue of Consideration: Whether the order of preventive detention passed against the detenu under Section 3(2) of the Telangana Prevention of Dangerous Activities Act, 1986 was sustainable in absence of material indicating her activities were prejudicial to maintenance of public order as required by Section 2(a) of the Act
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Final Decision
The Supreme Court allowed the appeal, set aside the order of preventive detention dated 10.03.2025, and directed that the detenu be released forthwith
