Sama Aruna vs State Of Telangana on 3 May, 2017
06. Since the detenue was in the custody of the police at the time of passing of
the order of detention, therefore, the question that arises for consideration is
whether an order of detention could be passed on the face of such an eventuality?
The answer to this question is an emphatic "No", taking into consideration the
law laid down by the Apex Court of the country in paragraph No.24 of the
judgment delivered in the case of "Sama Aruna v. State of Telangana & Anr.",
reported in "AIR 2017 SC 2662", which may be noticed :