This appeal is at the instance of a detenu, preventively detained under Section 3(2) 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 (for short, the “Act 1986”) and is directed against the judgment and order passed by a Division Bench of the High Court for the State of Telangana at Hyderabad (Special Original Jurisdiction) dated 16.09.2023 in Writ Petition No. 26941 of 2023 filed by the appellant herein by which the Division Bench rejected the writ petition and thereby declined to interfere with the order of preventive detention passed by the Commissioner of Police Rachakonda Commissionerate, State of Telangana dated 12.09.2023 in exercise of his powers under Section 3(2) of the Act 1986.
A. FACTUAL MATRIX
5. The order of detention dated 12.09.2023 passed by the respondent No. 2 herein reads thus:
“ORDER OF DETENTION ORDER OF DETENTION UNDER SUB SECTION (2) OF SECTION 3 OF THE “TELANGANA PREVENTION OF DANGEROUS ACTIVITIES OF BOOTLEGGERS, 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, 1 OF 1986 (AMENDMENT ACT NO. 13 OF 2018)”.
WHEREAS, information has been placed before me that the offender “Nenavath Ravi S/o. Nenavath Jagan, Age: 23 years, Occ: Coolie, R/o. Indiranagar Colony, Chandrayanagutta, Hyderabad, N/o. Padamati Thanda village, Neredugumma Mandal, Nalongda Dist” is a “Goonda” as defined in clause (g) of Section 2 of the “Telangana prevention of dangerous activities of bootleggers, dacoits, drug-offenders, goondas, immoral traffic offenders, land-grabbers, spurious seed offenders, insecticide offenders, fertilizer 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, 1 of 1986 (Amendment Act No. 13 of 2018)” and that he has been habitually engaging himself in unlawful acts and indulging in committing of Robberies, Property theft offences and Gold Chain Snatchings including sacred Mangalsutras from women folk by using criminal force on Public roads in broad day light continuously, repeatedly in one Police Station limits of Madgul PS, Rachakonda Commissionerate & Other PSs of Nalgonda District, thereby creating large scale fear and panic among the General public especially women and thus his activities are prejudicial to the maintenance of Public Order and affected society adversely.
6. The grounds of detention dated 12.09.2023 furnished to the appellant herein along with the order of detention referred to above read thus: –
“GROUNDS FOR DETENTION IN RESPECT OF NENAVATH RAVI UNDER THE “TELANGANA PREVENTION OF DANGEROUS ACTIVITIES OF BOOTLEGGERS, 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, 1 OF 1986 (AMENDMENT ACT NO. 13 OF 2018)” You, Nenavath Ravi S/o. Nenavath Jagan, Age: 23 years,
Refrence through -https://indiankanoon.org/docfragment/157064185/?formInput=cyber%20crime%20%20doctypes%3A%20supremecourt
