Drug Offenders Archives

Apprehensive detention as ‘sand smuggler’ based on past conduct of terrifying community & disturbing public order unsustainable: Bombay HC

The apprehension of the Detaining Authority was that since the alleged sand smuggler had been allegedly terrifying the community and creating obstacles in public order, he would engage in similar activities in future as well. However, the Court stated that such is not the criteria for a person to be detained as a ‘sand smuggler.’

Case Briefs High Courts

Preventive detention is justified only when an individual’s actions have potential to affect Public Order: Telangana High Court

There is a distinction between “Law and Order” and “Public Order”, i.e., offences that target specific individuals fall under the category of “Law and Order” and it is only when the criminal activities of an individual adversely affect the public at large that their conduct is deemed to disturb “Public Order”.

Case Briefs Supreme Court

Supreme Court | Section 3(2) of Andhra Pradesh Prevention of Dangerous Activities Act, 1986 deals with delegation of powers, not detention period

Holding that Cherukuri Mani v. Chief Secretary, Government of Andhra Pradesh, (2015) 13 SCC 722 does not lay down the correct law, the Supreme Court observed that Section 3(2) has nothing to do with the period of detention.

Case Briefs High Courts

Unexplainable delay in considering detenu’s representation is fatal to continued detention; Bombay High Court quashes preventive detention order

Bombay High Court: In a preventive detention case, the Division Bench of A.S. Gadkari and Milind N. Jadhav, JJ., held that any