The Supreme Court of India on Thursday set aside a preventive detention order against a Telangana woman accused in multiple ganja-related cases, holding that the authorities failed to show how her alleged acts threatened public order, as required by law. The court ordered her immediate release, unless required in any other case.
Background of the Case
The appeal was filed by Roshini Devi, daughter of the detenu Aruna Bai alias Anguri Bai, challenging a detention order dated March 10, 2025. The order had been issued by the Collector and District Magistrate, Hyderabad, under the Telangana Prevention of Dangerous Activities Act, 1986.
The detention relied on three criminal cases registered in 2024 under the Narcotic Drugs and Psychotropic Substances Act, involving alleged possession and peddling of ganja. While the detenu was arrested in December 2024 and later remained in judicial custody, the authorities invoked preventive detention on the ground that she was a “drug offender” and might resume illegal activities if released on bail.
Her challenge before the Telangana High Court failed in October 2025, prompting the appeal to the Supreme Court.
Arguments Before the Court
Senior Advocate Ravi Shankar Jandhyala, appearing for the appellant, argued that the detention was based only on past criminal cases and a fear that the woman might reoffend if granted bail. He submitted that this amounted to using preventive detention as a substitute for bail cancellation.
“The law requires clear material to show a threat to public order, not just a law-and-order issue,” he contended, adding that no such material existed on record.
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The State of Telangana defended the detention, claiming that repeated involvement in ganja cases showed a continuing threat to society and that ordinary criminal law had failed to deter the detenu.
Court’s Observations
A Bench of Justice J.K. Maheshwari and Justice Atul S. Chandurkar was not persuaded by the State’s stand. The court closely examined the detention order and noted that it merely listed three criminal cases and expressed an apprehension that the detenu might continue similar activities if released.
The bench observed, “Mere apprehension that the detenu may indulge in similar offences if released on bail is not sufficient to justify preventive detention.”
The judges drew a clear line between “law and order” and “public order”, stressing that not every criminal case affects public order. For preventive detention to stand, the authority must explain how the alleged acts caused or were likely to cause widespread danger, alarm, or harm to public health.
The court also found fault with the approach of the detaining authority, noting that if bail conditions were allegedly violated, the proper course was to seek bail cancellation, not invoke an extraordinary detention law.
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Reliance on Past Precedents
The bench relied on earlier Supreme Court rulings cautioning against the misuse of preventive detention laws to bypass regular criminal procedure. Quoting settled law, the judges reiterated that preventive detention is a “hard law” and must be used sparingly and strictly within statutory limits.
“The detention order shows an intention to keep the detenu behind bars at any cost,” the court remarked, adding that such an approach could not be sustained.
Final Decision
Concluding that the detention order lacked the mandatory reasoning to show a threat to public order, the Supreme Court quashed the March 10, 2025 detention order and also set aside the Telangana High Court judgment that had upheld it.
The bench directed that the detenu be released forthwith, if not required in any other case. The appeal was allowed, with no order as to costs.
Case Title: Roshini Devi vs The State of Telangana & Others
