Overview
- The bench of Justices J.K. Maheshwari and Atul S. Chandurkar set aside the Telangana High Court decision and ordered the detenu’s release unless required in other cases.
- The Court held that using preventive detention to nullify bail is a colourable exercise of power.
- The State had cited three NDPS cases involving ganja to brand the woman a habitual offender after she secured bail in the criminal proceedings.
- The judgment said mere registration of three offences or labels do not justify detention without material showing danger to public health and a public-order threat.
- The detention order was found deficient for reproducing statutory phrases without recording the detaining authority’s specific, subjective satisfaction.