COLLECTOR & DIST. MAGISTRATE AND ORS. versus S. SULTAN

COLLECTOR & DIST. MAGISTRATE AND ORS. versus S. SULTAN

All offences cited in the detention order are either under IPC or Explosive Act and fall under the definition of 'goonda'; incidents are not stale; acts described disturb public order and are not confined to law and order; High Court's quashing of detention order was unsustainable.

Parties
Appellant: Collector & District Magistrate and Ors.; Respondent: S. Sultan
Jurisdiction
India
Judgment Date
31 March 2008
Procedural Posture
Criminal Appeal / Appeal Against Quashing of Preventive Detention Order by High Court
Outcome
Appeal allowed; impugned High Court judgment set aside
Legal Topics
Preventive Detention, Definition and Scope of 'goonda', Public Order Vs Law and Order, Quashing of Detention Orders, Interpretation of Statutes, Constitution of India Articles 22 & 226
Criminal Law Preventive Detention Constitutional Law Definition and Scope of 'goonda' Public Order Vs Law and Order Quashing of Detention Orders Interpretation of Statutes Constitution of India Articles 22 & 226

Case Brief

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Parties

Collector & District Magistrate and Ors.

Appellant

S. Sultan

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Quashing of Preventive Detention Order by High Court

Legal Issues

  1. 1 Whether the detention order is based on stale incidents
  2. 2 Whether the activities of the detenu are prejudicial to public order
  3. 3 Whether offences under Explosive Substances Act disqualify detention under the A.P. Prevention Act

Ratio Decidendi

All offences cited in the detention order are either under IPC or Explosive Act and fall under the definition of 'goonda'; incidents are not stale; acts described disturb public order and are not confined to law and order; High Court's quashing of detention order was unsustainable.

Court Disposition

Appeal allowed; impugned High Court judgment set aside

Orders

  • State Government may consider detaining the detenu for balance period covered by original order of detention, as period fixed in detention order is already over