TMI Blog2012 (1) TMI 318X X X X Extracts X X X X X X X X Extracts X X X X ..... Preventive detention involves detaining of a person without trial in order to prevent him/her from committing certain types of offences. But such detention cannot be made a substitute for the ordinary law and absolve the investigating authorities of their normal functions of investigating crimes which the detenue may have committed. After all, preventive detention in most cases is for a year only and cannot be used as an instrument to keep a person in perpetual custody without trial. Accordingly, while following the three-Judge Bench decision in Rekha's case (2011 (4) TMI 1217 - SUPREME COURT OF INDIA ) , we allow the appeal and set aside the order passed by the High Court dated 20th July, 2011, and also quash the Detention Order dated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he detenue by way of WP No. 13313 of 2011 before the Andhra Pradesh High Court, which dismissed the same on the ground that under the normal laws, it would be difficult to check the activities of the detenue and, accordingly, the order of detention was justified. 6. The order of the High Court has been challenged before us in this appeal. 7. On behalf of the appellant, it has been urged that the ground taken for issuance of the Detention Order was improper and not available in view of the reasoned judgment of this Court in the case of Rekha v. State of Tamil Nadu through Secretary to Government and Anr., 2011 (5) SCC 244, where a similar question had arisen and in paragraph 23 of the judgment, a three-Judge Bench of this Court was of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a Pradesh Prohibition Act and Rules, continuous and habitual pursuing of the same type of offences damaging the wealth of the nation, the decision in Rekha's case (supra) was not applicable to the facts of the said case. Accordingly, the order passed by the Detaining Authority, as approved by the Division Bench and upheld by the High Court, did not require any interference. 10. Having considered the submissions made on behalf of the respective parties, we are unable to accept the submissions made on behalf of the State in view of the fact that the decision in Rekha's case (supra), in our view, clearly covers the facts of this case as well. The offences complained of against the appellant are of a nature which can be dealt with un ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ade a substitute for the ordinary law and absolve the investigating authorities of their normal functions of investigating crimes which the detenue may have committed. After all, preventive detention in most cases is for a year only and cannot be used as an instrument to keep a person in perpetual custody without trial. Accordingly, while following the three-Judge Bench decision in Rekha's case (supra), we allow the appeal and set aside the order passed by the High Court dated 20th July, 2011, and also quash the Detention Order dated 15th February, 2011, issue by the Collector and District Magistrate, Ranga Reddy District, Andhra Pradesh. 12. This order should not in any way prejudice the outcome of the pending cases against the appe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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