Summary
Preventive detention of a seed distributor accused of selling spurious chilli seeds was quashed as an abuse of statutory power. Ordinary criminal and seeds-law remedies were already available and invoked. Merely calling him a goonda or invoking public order did not establish a lawful detention ground; the separate objection concerning existing custody was left undecided.
Issues
- Whether alleged spurious-seed sales justified preventive detention on the stated grounds.
Provisions considered
- Sections 2(a), 2(g) and 3, Telangana Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986Statutory detention powers had to serve the specified public-order purpose and could not rest on extraneous grounds. (¶ 6–13)
Held
- Subjective satisfaction did not immunise detention based on irrelevant material or collateral purposes. Inadequate crop yield and formulaic public-order language did not justify bypassing investigation and prosecution under ordinary law. (¶ 11–15)
- The Court did not decide the additional challenge concerning detention of someone already in custody, because the order failed on the grounds already addressed. (¶ 16)
Result
Appeal allowed; detention order set aside and immediate release directed unless wanted in another case, without prejudice to ordinary-law prosecution.