Telangana High Court Upholds Preventive Detention of Habitual Drug Offender

Court affirms detention to protect public health and order, emphasizing rehabilitation over punitive measures.

In a significant decision, the Telangana High Court has upheld the preventive detention of Smt. Aruna Bai, also known as Anguri Bai, under the Telangana Prevention of Dangerous Activities Act, 1986. The Court justified the detention of the habitual drug offender on grounds of posing a threat to public health and order. The judgment was delivered by a Division Bench comprising Justices Moushumi Bhattacharya and Gadi Praveen Kumar, following a writ petition filed by the detenu's daughter, Smt. Roshni Devi.

The detention order, initially issued on March 10, 2025, followed a series of offenses involving the peddling of Ganja, a narcotic drug. The detenu was linked to three criminal cases where substantial quantities of Ganja were seized, leading to her classification as a "drug offender" under the Act. The Court emphasized that preventive detention serves to preempt future illegal activities rather than punish past conduct.

Smt. Roshni Devi's counsel argued that the detention was unwarranted, given that legal proceedings under the Narcotic Drugs and Psychotropic Substances Act, 1985, were already underway. However, the Court noted that the detenu's persistent illegal activities necessitated preventive measures to safeguard public health and order. The Court also addressed the procedural safeguards under Article 22 of the Constitution, affirming that they were duly followed in this case.

The Court underscored the constitutional vision of public health and safety as vital components of national stability, aligning with Articles 21 and 47 of the Constitution. It viewed the detention period as an opportunity for the detenu's moral and social reformation, rather than mere punishment.

This ruling aligns with prior judgments, reinforcing the principle that preventive detention is distinct from punitive detention, focusing on future prevention rather than past punishment. The Telangana High Court's decision highlights the judiciary's role in balancing individual liberties with societal interests, particularly concerning public health threats posed by narcotic substances.

Bottom Line:

Preventive detention under the Telangana Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug-Offenders, etc. Act, 1986, justified for repeated involvement in drug offences posing a threat to public health and order.

Statutory provision(s): Telangana Prevention of Dangerous Activities Act, 1986 Sections 2(f), 3(2); Constitution of India, 1950 Articles 21, 22, 47

Smt.Roshni Devi v. State of Telangana, (Telangana)(DB) : Law Finder Doc Id # 2800332