Bollu Kethawa vs The State Of Telangana on 28 July, 2026

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    Telangana High Court

    Bollu Kethawa vs The State Of Telangana on 28 July, 2026

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         IN THE HIGH COURT FOR THE STATE OF TELANGANA
                         AT HYDERABAD
    
          THE HON'BLE JUSTICE MOUSHUMI BHATTACHARYA
                              AND
              THE HON'BLE JUSTICE GADI PRAVEEN KUMAR
    
                     WRIT PETITION No.34965 OF 2025
    
                        DATE OF ORDER : 28.07.2026
    BETWEEN:
    
    Bollu Kethavva
                                                                   .....Petitioner
                                        AND
    
    The State of Telangana, rep. by its Chief Secretary,
    General Administration (Spl. Law and Order)
    Department, Secretariat, Hyderabad & Three Others
    
                                                                ... Respondents
    
    Ms. Sahithi Sri Kavya, learned counsel appearing for the petitioner.
    
    Mr. Swaroop Oorilla, the learned Special Government Pleader appearing for
    the respondents.
    
    
    ORDER:

    (Per Hon’ble Justice Moushumi Bhattacharya)

    1. The Writ Petition has been filed for a Writ of Habeas Corpus to

    SPONSORED

    produce the detenu and to set aside an order of detention dated

    30.07.2025 passed by the Collector & District Magistrate, Rajanna

    Sircilla District (the respondent No.2) which was confirmed by the

    Chief Secretary, General Administration (Spl. Law and Order)

    Department, State of Telangana, Hyderabad (the respondent No.1),

    by order dated 19.09.2025.

    2

    2. The writ petitioner claims to be the grandmother of the

    detenu. The detenu was detained under the provisions of The

    Telangana Prevention of Dangerous Activities of Boot-Leggers,

    Dacoits, Drug-Offenders, Goondas, Immoral Traffic Offenders,

    Land-Grabbers, Spurious Seed Offenders, Insecticide Offenders,

    Fertiliser Offenders, Food Adulteration Offenders, Fake Document

    Offenders, Scheduled Commodities Offenders, Forest Offenders,

    Gaming Offenders, Sexual Offenders, Explosive Substances

    Offenders, Arms Offenders, Cyber Crime Offenders and White Collar

    or Financial Offenders Act, 1986 (‘the 1986 Act’), after being

    classified as a ‘Goonda’ under section 2(g) of the said Act.

    3. Learned counsel appearing for the petitioner submits that the

    grounds of detention would indicate that the offences mentioned

    therein relate to property disputes between the individuals.

    Counsel submits that the alleged offences would hence fall within

    the ambit of law and order problem as opposed to adversely

    affecting the ‘public order’ by causing grave widespread danger to

    life or public health as provided in the Explanation to section 2(a) of

    the 1986 Act.

    4. The learned Special Government Pleader appearing for the

    respondents seeks to defend the impugned order of detention dated
    3

    30.07.2025, confirmed on 19.09.2025, by urging that the 1986 Act

    empowers the respondent No.2 to pass an order of detention under

    section 3(2) of the 1986 Act upon a subjective satisfaction that

    detention is necessary to prevent disruption of public order under

    section 3(1) of the 1986 Act. Counsel submits that the impugned

    order of detention was confirmed by the Government under section

    12 upon receiving the opinion of the Advisory Board. Counsel

    narrates the sequence of offences committed by the detenu which

    indicates that the detenu was a habitual offender as defined in

    section 2(g) – ‘Goonda’.

    5. We have heard learned counsel appearing for the parties.

    6. We first wish to advert to the grounds of detention in support

    of the impugned order of detention given by the respondent No.2.

    Grounds of Detention

    7. The grounds of detention state that the detenu is a resident of

    Chandurthy Village and Mandal, Rajanna Sircilla District and was

    engaged in labour work. The detenu committed cattle theft in 2023.

    After a week, the detenu killed one Puli (Vaddera) Gangaram with a

    boulder alleging that the deceased had given information regarding

    the detenu’s involvement in cattle theft. Consequently, a rowdy
    4

    sheet was opened against the detenu in the Chandurthy Police

    Station. The grounds of detention state that the detenu was

    involved in several offences such as murder, theft, trespass and

    criminal intimidation pursuant to which criminal cases were filed

    against the detenu.

    8. However, the Detaining Authority/respondent No.2 chose not

    to rely on the above offences. The grounds of detention show that

    only two offences committed by the detenu in 2024-2025 were

    taken into account for the purpose of detention.

    The Offences

    9. The first offence – Crime No.129 of 2024 – was registered

    under sections 333, 329(3), 115(2) and 351(3) read with section 3(5)

    of The Bharatiya Nyaya Sanhita, 2023 (‘the BNS’) i.e., for the

    offences of house-trespass after preparation for hurt, assault or

    wrongful restraint; criminal trespass; voluntarily causing hurt;

    criminal intimidation by threatening death, grievous hurt,

    or destruction of property by fire; and acting with common

    intention. This incident occurred on 09.07.2024 at 11.45 hours at

    Enagal Village of Chandurthy Mandal and was reported on

    13.07.2024 at 19.00 hours by the complainant, Myakala Jalandhar.

    The grounds of detention note that there were disputes between the
    5

    complainant and his neighbor, Gunti Mallesham. Gunti Mallesham

    asked the detenu to help him in taking revenge on the complainant.

    On 07.07.2024 at about 11.45 hours, the detenu, Gunti Mallesham

    and others trespassed into the house of the complainant. Since the

    complainant was not available at that time, the detenu and his

    associates abused the complainant’s wife and sister in filthy

    language, dragged them to the streets, beat them up in public and

    threatened them with dire consequences. After commission of

    offence, the detenu absconded from the village for more than two

    months and finally was arrested on 16.09.2024. On interrogation,

    the detenu admitted that he had committed the offence. The

    statements of the eye-witnesses clearly established the involvement

    of the detenu in the commission of offence. The detenu later

    obtained bail and was released on conditional order on 23.10.2024

    to appear before the Station House Officer, Chandurthi Police

    Station, on every Wednesday for three months.

    10. The second offence – Crime No.111 of 2025 – was registered

    under sections 103 and 49 read with section 3(5) of the BNS

    relating to punishment for murder; punishment of abetment if act

    abetted is committed in consequence; and acting with common

    intention. This crime occurred on 26.05.2025 at 17.40 hours near

    Peddamma Temple, Chandurthy Village and Mandal and was
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    reported on the same day at 18.30 hours by the complainant, Bollu

    Rajaiah. The grounds of detention note that the agricultural lands

    of the complainant and the detenu are situated adjacent to each

    other at the outskirts of Chandurthy Village and they had disputes

    over the boundaries of the land. Earlier, a case was registered

    against the detenu at Chandurthy Police Station. The detenu, with

    the instigation of his mother, hatched a plan to kill the wife of the

    complainant. On 26.05.2025, the detenu, upon noticing that the

    complainant and his wife, Bollu Mallavva, were going to their

    agricultural field, went to a fruit shop, picked up a coconut cutting

    knife in the absence of the vendor and waited at Peddamma Temple

    for the complainant and his mother. When the deceased Bollu

    Mallavva reached Peddamma Temple at about 17.40 hours, the

    detenu attacked her by hacking her with the coconut cutting knife

    causing multiple injuries on the head, neck, chest and other parts

    of the body thereby causing instant death due to such injuries.

    11. The grounds further note that inhabitants of the locality,

    devotees of Peddamma Temple and the general public were

    extremely frightened by the brutal acts of the detenu due to the said

    incident. The said incident adversely affected the everyday life of

    the people of Chandurthy Mandal. The offence was also telecast in

    the electronic media and published in the print media. The grounds
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    record that the evidence collected in the crime including the

    autopsy report of the medical officer, Government Hospital,

    Vemulawada, the weapon used in the crime clearly established the

    involvement of the detenu in the commission of offence. We have

    also seen the material papers linking the detenu to the crimes. The

    records reveal the following facts.

    (i) The incident of the detenu coming to the Police Station

    with the crime weapon (coconut cutting knife), voluntarily

    surrendering the weapon and admitting his guilt was

    videographed. The Case Diary Part-II of the Police Station,

    Chandurthy Police Station regarding the

    confession/examination of the detenu on 27.05.2025 is on

    record.

    (ii) The Statement of the eyewitness in the second crime is on

    record. The eyewitness/Ponnala Srinivasa Rao states –

    ‘we terrifying with the activities Bollu Manoj’

    The eyewitness further states –

    ‘the detenu has earlier killed one Vaddera Gangaram by

    hitting him with a stone’
    8

    (iii) The Statement of Bollu Rajaiah, husband of the deceased

    Bollu Mallavva, in the second crime is on record. Bollu

    Rajaiah states that he found his wife in a pool of blood with

    multiple knife injuries on different parts of her body after

    his wife was attacked with a coconut cutting knife near the

    Peddamma Temple.

    (iv) The opinion of the Panchayatdars is on record. The

    opinion is to the effect that the agricultural lands of the

    complainant (Bollu Rajaiah) and the detenu are at the

    outskirts of Chandurthy Village adjacent to each other.

    Disputes led the detenu hatching a plan to kill the

    complainant’s wife with the instigation of the mother of the

    detenu. The detenu ultimately killed the complainant’s

    wife (Bollu Mallavva) near the Peddamma Temple on

    26.05.2025 at 17.40 hours.

    (v) The Post-mortem Report dated 27.05.2025 regarding the

    injuries in relation to the second crime is on record as well

    as the Report of the Forensic Science Laboratory,

    Telangana and the Confession and Recovery Panchanama

    dated 27.05.2025 are on record.

    9

    (vi) The opening of a Rowdy Sheet against the detenu dated

    27.07.2024 by the Superintendent of Police, Rajanna

    Sircilla District, is also on record.

    The Telangana Prevention of Dangerous Activities Act, 1986

    12. The Act seeks to prevent commission of dangerous activities

    which are prejudicial to the maintenance of ‘Public Order’. The

    1986 Act was amended in 2018 by expanding the list of punishable

    ‘dangerous activities’ by including anti-social elements who have

    committed the activities mentioned in section 2 of the 1986 Act.

    The present case falls under section 2(g) which classifies a person

    as a ‘Goonda’ in the following words:

    ‘2 (g) “Goonda” means a person, who either by himself or as a

    member of or leader of a gang, habitually commits, or attempts

    to commit or abets the commission of offences punishable under

    Chapter XVI or Chapter XVII or Chapter XXII of the Indian Penal

    Code.’

    13. Section 2(a) of the 1986 Act clarifies the words ‘acting in any

    manner prejudicial to the maintenance of public order’ in relation to

    the offenders mentioned in the Act, including a boot-Legger, dacoit,

    drug-offender, goonda, immoral traffic offender, Spurious Seed
    10

    Offender, Insecticide Offender and a White Collar engaging in any of

    the activities, which adversely affect or is likely to adversely affect,

    the maintenance of public order.

    14. The Explanation to section 2(a) of the 1986 Act contemplates

    that ‘public order’ shall be deemed to have been affected adversely,

    if any of the activities of any of the persons referred to in section

    2(a) directly or indirectly cause or is calculated to cause any harm,

    danger or alarm or a feeling of insecurity among the general public

    or any section thereof or a grave or widespread danger to life or

    public health.

    15. Therefore, the commission of any of the ‘dangerous activities’

    specified under section 2 of the 1986 Act by any of the persons,

    defined under section 2(b) – (x), may result in orders of detention of

    such persons under section 3(1), upon satisfaction of the

    Government that any of the offenders/persons named under section

    2(b) – (x) is required to be prevented from acting in any manner

    prejudicial to the maintenance of public order. Section 3(2)

    authorises the jurisdictional District Magistrate or the

    Commissioner of Police to pass an order in writing directing the

    exercise of powers detaining such offender under section 3(1), upon

    satisfaction that it is necessary to do so having regard to the
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    circumstances prevailing or likely to prevail in any area within the

    local limits of a concerned jurisdiction. The proviso to section 3(2)

    while limiting the detention to three months, authorises the

    Government to extend the period from time to time not exceeding

    three months at any one time upon satisfaction that it is necessary

    to extend the order of detention.

    16. Section 3(3) of the 1986 Act casts an obligation on the District

    Magistrate and Commissioner of Police to report the fact of

    detention to the Government along with the grounds under which

    the order has been made and the particulars which have a bearing

    on the subject matter. Such order shall not remain in force for

    more than 12 days unless it has been approved by the Government.

    ‘Goonda’

    17. ‘Goonda’ is defined in section 2(g) of the 1986 Act as a term

    person who habitually commits or attempt to commit or abets the

    commission of offences punishable under Chapters XVI, XVII or

    XXII of The Indian Penal Code, 1860 (‘IPC‘). Chapter XVI relates to

    offences affecting the human body, offences against the property

    and criminal intimidation, insult and annoyance. The element of

    habituality is an essential criterion for being classified as a ‘Goonda’

    under section 2(g).

    12

    18. Section 2(g) must be read in conjunction with section 2(a),

    and the Explanation thereto. The ‘Goonda’ must act in a manner

    prejudicial to the maintenance of public order or be engaged in or

    make preparations for engaging in any of the activities which may

    adversely affect or is likely to adversely affect the maintenance of

    public order. The Explanation to section 2(a) clarifies that public

    order may be adversely affected where the activity of a ‘Goonda’

    directly or indirectly causes harm, danger or causes alarm, or a

    feeling of insecurity among the general public or a section thereof or

    causes grave or widespread danger to life or to public health.

    19. The specific words used in the Explanation to section 2(a)

    would make it clear that it is not necessary that the ‘general public’

    or the public at large should be harmed or potentially harmed for

    public order to be adversely affected. The threshold of section 2(g)

    would be satisfied, even if a section of the public is adversely

    affected. As stated above, section 3(1) empowers the Government

    to make an order directing such person to be detained in order to

    prevent him/her from acting in a manner prejudicial to the

    maintenance of public order.

    20. Sections 2(a) and the Explanation, 2(g) and 3(1) are required

    to be read together and placed in the context of the present facts. It
    13

    should also be stated that disruption of maintenance of public order

    entails fear, alarm, or insecurity amongst a section of the public

    besides any act causing any direct or indirect harm. Therefore, an

    offence committed in a public place and in full public view would

    amount to adversely affecting public order. Further, any act which

    is accompanied by a display of force, violence and aggression

    leading to death or grievous harm, committed in full public view,

    would also satisfy the requirement of disruption of public order.

    Habitual Offender

    21. The Detaining Authority took only two offences committed by

    the detenu for consideration for passing the impugned order. The

    earlier offences of cattle theft in 2023 and the murder of one Puli

    (Vaddera) Gangaram by hitting with a boulder were not taken into

    consideration.

    22. The first crime was committed on 07.07.2024 when the

    detenu, along with others, trespassed into the house of the

    complainant and verbally abusing the family members of the

    complainant in filthy language, dragging and beating them on the

    road and threatening them with dire consequences. The detenu

    absconded thereafter and was arrested after two months i.e., on

    16.09.2024 and was released on conditional bail on 23.10.2024.
    14

    23. The second crime was committed by the detenu on

    26.05.2025 i.e., within seven months of being released on bail. The

    detenu attacked the wife of the complainant, Bollu Mallavva, near

    the Peddamma Temple with a coconut cutting knife and hacked her

    with the knife causing multiple injuries on the body of the victim

    which caused immediate death of the victim.

    24. The first crime was committed on 07.07.2024 at 11.45 hours

    and the second crime was committed on 26.05.2025 at 17.40

    hours. Both the crimes were committed in a public place and in full

    public view.

    25. The element of ‘habituality’ is evident from the fact that the

    detenu obtained bail in the first offence and resorted to the second

    offence within seven months of his release. It should be pointed out

    that the element of ‘habituality’ need not be a series of offences but,

    more importantly, a propensity to commit an offence despite being

    brought within the machinery of the criminal law. The two offences,

    consecutively committed, was the same criminal intention to

    intimidate and cause injury to the victims. The consecutive

    offences reflected a propensity to commit such crimes, and amounts

    to ‘habituality’. The acts of the detenu in hatching a plan to kill

    Bollu Mallavva in the second offence by watching her movements on
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    26.05.2025 when she went to the agricultural field, procuring a

    coconut cutting knife from a fruit shop and waiting at the

    Peddamma Temple for Bollu Mallavva to arrive, would show the

    active working of a mind which is inclined to commit the crime

    notwithstanding the earlier arrest.

    Public Order

    26. Public order encompasses a larger arena than law and order.

    While law and order essentially involves a private offence committed

    between two or more persons on account of a private dispute, public

    order, on the other hand, requires the offence to be committed in

    full public view, in a public place and with the consequent

    knowledge of the public of the offence. The detenu committed the

    first offence on 07.07.2024 by dragging the wife and sister of the

    complainant to the public road, beating and threatening them with

    dire consequences. The nature of the offences committed was on a

    larger scale involving witnesses unconnected to the crime, as

    opposed to being carried out within closed doors away from the

    public gaze.

    16

    Alarm or Feeling of Insecurity

    27. Adverse effect on public order is linked to fear, alarm, or

    insecurity as required under the Explanation to section 2(a) of the

    1986 Act. The fear and alarm would be attending factors to any

    offence of a violent and exaggerated nature which is committed in

    full public view. The first offence of dragging the victims on the

    public road, abusing, beating and threatening them would be

    sufficient to cause alarm and panic amongst the general public or at

    least a section of the public who have witnessed the offence. The

    second offence was even more blatant and violent, in which Bollu

    Mallavva, an elderly woman, was attacked in full public view near

    the Peddamma Temple in the early evening hours with a coconut

    cutting knife. The brutality of the offence was telecast and

    published in the print and electronic media. The grounds of

    detention records that the first offence terrified the people in the

    locality while the second offence resulted in the people of

    Chandurthy Mandal being in the grip of fear and shock, after

    witnessing the offence or having read about the offence in the

    media.

    17

    The Defence of a Private Land Dispute between the Detenu and
    others

    28. The narration of the offences belies the stand taken on behalf

    of the detenu. The first offence clearly records that disputes were

    between the complainant and the complainant’s neighbor Gunti

    Mallesham. Gunti Mallesham informed the fact of the disputes to

    the detenu/B.Manoj, who was already a rowdy-sheeter by that time,

    and asked the detenu to take revenge on the complainant. This

    shows that the detenu did not have any personal interest or any

    dispute with regard to land or otherwise with the wife and sister of

    the complainant. The second offence records that the agricultural

    lands of the complainant and the detenu were adjacent to each

    other at the outskirts of Chandurthy Village and both of them had

    disputes over the boundaries of the land. Hence, the contention

    that the offences arose from private disputes related to property

    matters is contrary to the record.

    29. We have already referred to the evidence collected by the

    Authorities linking the crime to the detenu and we do not wish to

    reiterate the same.

    18

    Case Law

    30. Preventive detention is a precautionary measure which is

    exercised in reasonable anticipation of repetition of a crime which

    has already been committed. An order for preventive detention may

    be made before or during prosecution or even in anticipation of or

    after discharge or acquittal 1. There is sufficient case law on

    preventive detention being a drastic and hard law which should

    ordinarily not be used for clipping the wings of an accused if

    criminal prosecution would suffice 2. However, in Kamarunnisa v.

    Union of India 3, the Supreme Court, speaking through Justice A.M.

    Ahmadi, noted that,

    ‘eternal vigilance on the part of the authority charged with the

    duty of maintaining law and order and public order is the price which

    the democracy in this counter extracts to protect the fundamental

    freedoms of the citizens’.

    31. The Constitutional Bench of the Supreme Court in Haradhan

    Saha v. State of W.B. 4 laid down the principles for testing the

    validity of a detention order. The Supreme Court held that merely

    because of the detenu is liable to be tried in a criminal Court for the
    1
    Haradhan Saha v. State of W.B., (1975) 3 SCC 198
    2
    Vijay Narain Singh v. State of Bihar, (1984) 3 SCC 14
    3
    (1991) 1 SCC 128
    4
    (1975) 3 SCC 198
    19

    commission of a criminal offence would not by itself debar the

    Government from taking action for his detention under The

    Maintenance of Internal Security Act, 1971. It was also held that

    the fact of a person being arrested and subsequently being enlarged

    on bail or steps taken against him under The Code of Criminal

    Procedure, 1973 may not be a bar against the District Magistrate

    issuing an order of preventive detention. The Supreme Court went

    further to hold that the mere circumstance of the detention order

    being passed during pendency of the prosecution will not violate the

    order.

    32. Hence, the Detaining Authority must reach a subjective

    satisfaction on the basis of cogent material that there is a real

    possibility of the detenu indulging in prejudicial activity if not

    detained or after being released on bail.

    33. The primary object of preventive detention is not to punish a

    person for having done something but to intercept him before he

    does it. It is not a penalty for past activities of an individual but is

    intended to pre-empt the person from indulging in future activities

    which are prohibited by a relevant law 5. In that decision, the

    Supreme Court balanced the scales by observing that there is no

    5
    State of Maharashtra v. Bhaurao Punjabrao Gawande, (2008) 3 SCC 613
    20

    doubt that while the Court has a duty to safeguard against any

    encroachment on the life and liberty of individuals, the Court

    should also not interfere with or impede the functions discharged by

    the authorities who have the responsibility vested in them under

    the law of the country.

    Subjective Satisfaction of the Authority

    34. Subjective satisfaction of the Authority is a condition

    precedent for the exercise of the power of detention and the Court

    must examine whether the requisite subjective satisfaction has

    been arrived at for confirming the order of detention. The Court

    cannot go into the correctness or otherwise of the subjective

    satisfaction unless the grounds stated are bereft of any supporting

    material. The material before the Detaining Authority must lead to

    the inevitable conclusion that the offences threaten public life and

    cause or may cause harm and danger to the relevant section of the

    public 6. In other words, the Detaining Authority should come to a

    subjective satisfaction, expressed clearly in the grounds, that the

    detenu would commit/repeat the offence if released on bail and

    there is a real likelihood of repeating the offence.

    6
    D.M. Nagaraja v. Govt. of Karnataka, (2011) 10 SCC 215
    21

    35. The undisputed facts record that the second crime was

    committed even after the detenu was arrested and subsequently

    released on bail. The second offence was committed in broad

    daylight and was widely covered in the media which further

    contributed to alarm and panic among the public. Hence, we do not

    find any lacunae in the impugned order of detention or consider this

    to be a case where the Detaining Authority failed to provide reasons.

    36. The learned Special Government Pleader relied upon a

    decision of this Court dated 15.1.2025 in W.P.No.9893 of 2025,

    wherein the offence committed by the detenu was of a repetitive and

    brazen nature and it was held that the Court should not interfere

    with the subjective satisfaction of the Detaining Authority unless

    the findings are vitiated by arbitrariness or the absence of evidence.

    Cases relied on behalf of the Petitioner

    37. In Dhanyam v. State of Kerala 7, the Supreme Court came to

    the specific finding that the observations made in the detention

    order do not express as to how the actions of the detenu are against

    the public order of the State. The Supreme Court in Nenavath Bujji

    7
    2025 INSC 809
    22

    v. State of Telangana 8 made a distinction between the offence

    affecting specific individuals (a law and order problem), as opposed

    to affecting public order which has a greater impact on the society.

    In that case, the detenu was detained under section 3(1) of The

    Kerala Anti-Social Activities (Prevention) Act, 2007 on the ground of

    being a ‘Notorious Goonda’.

    38. In Jahangir Bee v. The State of Telangana 9, a Coordinating

    Bench relied upon Nenavath Bujji (supra) with regard to distinction

    between ‘public order’ and ‘law and order’ and on several other

    Supreme Court judgments to set aside the order of detention.

    However, the order records that the offence committed by the

    detenu i.e., possessing of sharp edged/prohibited weapons led to an

    alleged disturbance of public peace and tranquility. The present

    case, in contrast, involves physical abuse and intimidation and a

    violent murder committed in broad daylight in a public place.

    39. Rekha v. State of Tamil Nadu 10 was distinguished in

    D.M.Nagaraja (supra) where the Supreme Court referred to the

    grounds citing only one incident of selling expired drugs. The

    Supreme Court pointed out that the grounds of detention were

    8
    2024 SCC OnLine SC 367
    9
    W.P.No.32727 of 2024, dated 07.02.2025
    10
    (2011) 5 SCC 244
    23

    bereft of details. In that case, the detenu had been detained under

    the Tamil Nadu Prevention of Dangerous Activities of Bootleggers,

    Drug-Offenders, Forest Offenders, Goondas, Immoral Traffic

    Offenders, and Slum Grabbers and Video Pirates Act, 1982 on the

    allegation that the detenu was selling expired drugs after tampering

    with labels and printing with fresh labels. The decision in Rekha

    (supra) was distinguished by the Supreme Court in D.M.Nagaraja

    (supra). Therefore, the decisions cited on behalf of the petitioner do

    not assist the case of the detenu.

    Conclusion

    40. The Detaining Authority arrived at a subjective satisfaction of

    the reasons as to why the detenu was required to be detained under

    the provisions of the 1986 Act. The definition of ‘Goonda’ under

    section 2(g) requires repetition of offence to qualify as a ‘habitual

    offender’. The Detaining Authority took into account two crimes

    committed by the detenu on 07.07.2024 and 26.05.2025.

    Significantly, the detenu had absconded after commission of the

    first crime and had subsequently been arrested on 16.09.2024. The

    detenu was released on bail on 23.10.2024. However, the arrest did

    not deter the detenu from committing the second offence of

    murdering an elderly woman in a public place in a pre-meditated
    24

    manner using a coconut cutting knife. Both the offences were

    committed in public places and can reasonably be expected to lead

    to fear, alarm and insecurity among the relevant section of the

    public, i.e., those who witnessed the crimes. As stated above, the

    second crime was telecast and published in electronic and print

    media. The brazen nature of the offence, particularly the second

    one, would naturally lead to a feeling of panic among the general

    public and a threat to public life. The Detaining Authority has also

    arrived at a subjective satisfaction which is clearly expressed in the

    grounds of detention. The conclusions are based on the material

    available before the Authority and upon undisputed facts.

    41. Hence, we do not find any grounds to interfere with the

    impugned order of detention dated 30.07.2025 or question the

    legality of the findings arrived at by the Detaining Authority.

    42. W.P.No.34965 of 2025, along with all connected applications,

    is accordingly dismissed. There shall be no order as to costs.

    ___________________________________
    MOUSHUMI BHATTACHARYA, J

    _____________________________
    GADI PRAVEEN KUMAR, J
    DATE: 28.07.2026
    TJMR



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