Better be in jail than endangering public health: SC

Published: Saturday, February 19, 2011, 0:01 [IST]
 

New Delhi, Feb 18(PTI) Virtually justifying preventivedetention order under the Goonda Act against seven personsaccused of marketing expired pharmaceutical products, theSupreme Court today said public health was more paramountthan hyper-technical arguments.

"We are concerned with public interest and what is goodfor the public. If you have to remain behind bars, let it be.

You are a gang selling expired goods. It is dangerous andendangers public health

"Public health is more important. We are not concernedwith your hyper technical arguments. You can''t say that let10,000 people die but the accused cannot be detained due totechnical flaws in the investigation," the apex court said.

A bench of justices Markandeya Katju and Gyan SudhaMishra in an order, however, asked the petitioner Rekha, wifeof one of the detenue, to file additional documents to provethat the order was not served on the accused before detainingthem as mandated by law.

It also asked the petitioner to file a written submissionas to whether the preventive detention order was issued when abail application was pending before the court concerned.

The apex court made the remarks while dealing with theappeal filed by Rekha challenging their preventive detentionunder the Tamil Nadu Anti-Goonda Act.

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