‘Strikes at very root of societal stability’: Telangana HC upholds detention of Hyderabad woman in ganja peddling case

A division bench of Justices Moushumi Bhattacharya and Gadi Praveen Kumar was dealing with a petition filed by Roshni Devi, the daughter of Aruna Bai alias Anguri Bai, which challenged Bai’s detention order issued on March 10 under the Telangana Prevention of Dangerous Activities Act.

Bai was implicated in three separate crimes registered under the Narcotic Drugs and Psychotropic Substances (NDPS) Act in 2024, involving the seizure of 2.165 kg, 1.53 kg, and 20.5 kg of dry ganja, respectively. She has been detained for 12 months from the date of her detention, i.e. March 11, 2025.

In its judgment, the court saw the detention not just as a measure of restraint, but as an opportunity for rehabilitation, stating: “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.”

The court further concluded that “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”.

During the hearing, the counsel for the petitioner argued that the detention order was illegal and unconstitutional, as ordinary law (the NDPS Act) was already in motion. He contended that the alleged crimes related only to ‘law and order’ and not ‘public order’, and that the detaining authority failed to consider the conditional bail granted to the detenu, which would have kept her under police surveillance.

The special government pleader, representing the State, countered that the detenu was a “habitual offender” whose repeated actions indicated that recourse to normal law was not an effective deterrent. The State emphasised the adverse and deleterious effects of ganja on human health, particularly on the youth and students, stressing that the illicit drug trade was “destroying the family” and “spreading unrest in the society”.

Dismissing the petition, the high court emphasised the far-reaching societal impact of the detenu’s actions. The judges asserted, “Public health and safety forms an essential part of the constitutional vision under Articles 21 and 47 of the Constitution of India” and noted that “the wealth of a nation ultimately depends upon the health and well-being of its citizens”.

The bench held that the detaining authority was justified in invoking the preventive detention law. The court ultimately found no irregularity warranting interference and upheld the detention order, directing that the detenu continue in detention for 12 months from March 11.