Preventive detention can't override bail: SC

The Supreme Court recently quashed the preventive detention under the Telangana 'Goonda Act, ruling that simply declaring the detenu a 'habitual drug offender' was not sufficient for preventive detention unless shown how detenu's actions specifically threatened public order.

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"Mere registration of three offences by itself would not have any bearing on the maintenance of public order unless there is material to show that the narcotic drug dealt with by the detenu was in fact dangerous to public health under the Act of 1986. This material is found to be missing in the order of detention, "observed a bench of Justices J.K. Maheshwari and Atul S. Chandurkar, while setting aside the Telangana High Court's decision which upheld the District Magistrate's detention order detaining Appellant.

Since the Appellant was granted bail in NDPS cases, the State invoked the provisions of the Telangana Prevention of Dangerous Activities Act, 1986, known as 'Goonda Act, to not let her free.