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august 2004

Supreme Court of India · 2004-08-23

Commissioner Of Police And Ors vs Smt. C. Anita

Citation / case number
AIR 2004 SUPREME COURT 4423
Court
Supreme Court of India
Petitioner
Commissioner Of Police And Ors
Respondent
Smt. C. Anita
Author
Arijit Pasayat
Bench
Arijit Pasayat, C.K. Thakker

Judgment text excerpt

The Supreme Court upheld the principle that preventive detention under Section 3(2) of the Andhra Pradesh Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug-offenders, Goondas, Immoral Traffic Offenders and Land-Grabbers Act, 1986 is not punitive but preventive in nature. The Court found that the High Court erred in quashing the detention order by failing to recognize the cumulative effect of the detenu's activities, which were deemed prejudicial to public order. The Court emphasized that the satisfaction of the Detaining Authority is paramount, and the order of detention was reinstated.

Commissioner Of Police And Ors vs Smt. C. Anita · Niyam