Preventive Detention Cannot be Used to Nullify Bail: Supreme Court Quashes Telangana Goonda Act Order

The Supreme Court has quashed a preventive detention order passed under the Telangana Prevention of Dangerous Activities Act, 1986, observing that such powers cannot be misused to override or nullify bail granted by courts.

A Bench of Justices J.K. Maheshwari and Atul S. Chandurkar held that merely branding a person as a “habitual drug offender” or pointing to registration of multiple criminal cases is not enough to justify preventive detention.

The Court said there must be clear and cogent material to show that the person’s activities pose a real and immediate threat to public order, not just a law and order issue.

Finding the detention unjustified, the Court set aside the order and granted relief to the detenue.

[Roshini Devi v. State of Telengana & Ors.]