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Supreme Court of India 2021-08-02 allowed

BANKA SNEHA SHEELA vs THE STATE OF TELANGANA & ORS

Bench: 2 — R. F. Nariman, Hrishikesh Roy

In Brief

A man was arrested and preventively detained under the Telangana Prevention of Dangerous Activities Act for allegedly committing cheating and fraud offences related to stock market investment schemes across five FIRs. The detention order was challenged. The Supreme Court allowed the appeal, holding that such white-collar offences involving cheating affect only 'law and order', not 'public order' as required by the statute. Public order requires widespread impact on the community. Since bail had been granted by competent courts, the appropriate remedy was to appeal those bail orders, not to resort to preventive detention. The Court quashed the detention order, emphasizing that preventive detention is an extraordinary measure strictly construed under constitutional safeguards.

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Preventive Detention Public Order vs Law and Order White-Collar Offences Criminal Procedure Constitutional Law Fundamental Rights

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