Any Activity Endangering Public Health Through Spread Of Narcotics Strikes At Root Of Societal Stability: Telangana High Court

While upholding the detention of a woman stated to be a drug peddler caught selling ganja three times last year, Telangana High court remarked that her detention will help in facilitating her moral and social reformation. 

A Division Bench of Justice Moushumi Bhattacharya and Justice Gadi Praveen Kumar was hearing a Habeas Corpus plea filed by the daughter of the detenu, challenging her mother's detention as illegal and bad in law.

The order of detention was passed under section 3(2) of Telangana Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug-Offenders, Goondas, Immoral Traffic Offenders, Land Grabbers, Spurious Seed Offenders, Insecticides 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, 1986.

The Bench noted that public health and safety norms are an essential part of Articles 21 and 47 of the Constitution and said: 

"Public health and safety forms are an essential part of the constitutional vision under Articles 21 and 47 of the Constitution of India. The wealth of a nation ultimately depends upon the health and well-being of its citizens. Any activity that endangers public health and safety, particularly through the spread of narcotic substances, strikes at the very root of societal stability." 

The Bench also noted that, while they can empathize with the concern of the petitioner (daughter of the detenu), they cannot ignore that conduct of a parent in an illegal way not only effects the welfare of the family, but the society at large. It thus said:

"The Court deems it appropriate to afford the detenu, who is a habitual offender involved in selling ganja, an opportunity to reform herself during the period of preventive detention, considering that her conduct has been detrimental to public order and societal well-being. Such an approach ensures that the period of detention serves not merely as a measure of restraint, but also as a means to facilitate her moral and social reformation."

Background

The order of detention was founded on 3 crimes (of 2024) wherein, by way of confessions it was determined that the detenu had sold ganja 2.165 kg of ganja on one occasion, 1.53kgs on the second occasion; and 20.kgs on the third occasion to different individuals.

Challenging the same, the counsel on behalf of the petitioner argued, that the detention order should not have been passed, since proceedings had already been initiated against the detenu under the NDPS Act. That detention orders can only be passed when 'public order's is at stake. That the ordinary law of the land had already taken it's course, and since no final order was arrived at, the detenu should have been treated as innocent, until proven otherwise.

The counsel argued that the prosecution may take the recourse of cancellation of bail, but not blatantly pass an order of detention. That, even otherwise, the detenu was arrayed in the crimes on the basis of mere confessions and no recovery.

The prosecution on the other hand pointed towards the letter issued by Government of Telangana, Office of the Government Chemical Examiner for Prohibition and Excise, Hyderabad and the report submitted by the HOD of Osmania General Hospital, showing the adverse effects of consuming cannabis and argued that it was a serious public nuisance. 

It was alleged that the detenu had been involved in such offences since  2013 and even though she was given the opportunity to be released on bail, she did not mend her ways.

Findings

After perusing the report of the Chemical Examiner, the bench noted that contraband seized from the accused is 'Ganja' and that the activities of the detenu are prejudicial to the maintenance of Public Order and Public Health and thus satisfies provisions of the 1986 Act. 

"The Detaining Authority having satisfied that the activities of the detenu are creating a serious threat to the Society. These activities not just affect the health of the younger generation, but also creates law and order problems. Thereby acting in the interest of public order and public health at large in Society and having felt that, launching of prosecution against the detenu in normal law would not have desired effect in preventing the detenu in any manner from prejudicial to maintaining the public order and public health...On perusal of the material placed on record, the repeated and well planned actions of the detenu are sufficient to raise the presumption of threat and alarm amongst the general public regarding their health, which is the primary criteria for maintaining the peace, law and order in the Society," it said.

Thus, the writ was dismissed and the detention order of 1 year was upheld.

Smt. Roshni Devi vs. State of TGCounsel for petitioner: Ch. Ravinder Counsel for State: Spl. Gov. Pleader Swaroop Oorilla

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