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SUPREME COURT OF INDIA
UDAY UMESH LALIT, CJI., S. RAVINDRA BHAT, J.B. PARDIWALA, JJ.
Sushanta Kumar Banik – Appellant
Versus
State of Tripura & Ors. – Respondents
Criminal Appeal No. 1708 of 2022 (Arising out of S.L.P. (Criminal) No. 6683 of 2022)
Decided On : 30-09-2022
PIT NDPS Act - Detention under Section 3(1) - 22(b)/22(C)/29, 21(B) - The court discussed the delay in passing the detention order and the vital material withheld by the sponsoring authority, highlighting the importance of prompt action in preventive detention and the need to disclose vital facts influencing the detaining authority's decision.
Fact of the Case:
The appellant was detained under Section 3(1) of the PIT NDPS Act based on his involvement in two cases under the NDPS Act, 1985. The appellant challenged the detention order, questioning its legality and validity.
Finding of the Court:
The court found that there was an unreasonable delay in passing the detention order, which weakened the 'live and proximate link' between the grounds of detention and the purpose of detention. Additionally, vital material regarding the appellant's release on bail was withheld from the detaining authority, influencing the decision to detain the appellant.
Issues: The issues revolved around the delay in passing the detention order and the vital material withheld by the sponsoring authority, impacting the detaining authority's decision.
Ratio Decidendi: The court emphasized the importance of prompt action in preventive detention and the need to disclose vital facts influencing the detaining authority's decision. It held that unreasonable delay and vital material withheld or suppressed could vitiate the subjective satisfaction required for passing a detention order.
Final Decision: The court allowed the appeal, set aside the impugned judgment and order, and quashed the detention order, ordering the appellant's immediate release.
Key Points: - Preventive detention requires prompt action and a live and proximate link between detention grounds and purpose, with unexplained delay vitiating the order (!) (!) . - The detaining authority must consider all vital facts influencing the detention decision; suppressing or withholding material facts vitiates subjective satisfaction (!) (!) . - If a detainee is released on bail by a special court, this fact must be disclosed to the detaining authority, as non-disclosure can invalidate the detention order (!) (!) . - Unreasonable delay between the proposal for detention and the passing of the order, without satisfactory explanation, undermines the legality of the detention (!) (!) . - The burden is on the detaining authority to explain delays; failure to do so can render the detention order bad and invalid (!) (!) . - Vital material, such as bail orders, withheld by the sponsoring authority prejudices the detaining authority’s decision and renders the detention order illegal (!) (!) .
JUDGMENT :
J.B. PARDIWALA, J.
1. Leave granted.
2. This appeal is at the instance of a detenu detained under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (for short, ‘PIT NDPS Act’) and is directed against the judgment and order passed by the High Court of Tripura at Agartala dated 01.06.2022 in Writ Petition (Civil) No. 6 of 2021 by which the High Court rejected the writ application filed by the appellant herein questioning the legality and validity of the detention order passed by the Government of Tripura dated 12.11.2021 and thereby affirming the order of detention.
3. It all started with a proposal dated 28th of June, 2021 submitted by the Superintendent of Police, West Tripura District, Sub-Divisional Police Officer, Amtali, West Tripura to the Superintendent of Police (C/S), West Tripura, Agartala with a request to move the appropriate authority for passing an appropriate order of detention under the provisions of the PIT NDPS Act.
4. The proposal reads thus:-
“GOVERNMENT OF TRIPURA
OFFICE OF THE SUB DIVISIONAL POLICE OFFICER
WEST TRIPURA, AGARTALA
No. 1445/SDPO(AMT)/21
To
The Superintendent of Police (C/S),
West Tripura, Agartala. Dated, 28th June, 2021
Subject: Proposal for Preventive Detention order of accused Susanta Kumar Banik, S/o. Lt. Shanti Ch. Banik of Siddhiashram, Badharghat, Kalimata Sangha, near Railway Station, PS Amtali, West Tripura U/-3 of PIT NDPS Act, 1988.
Sir,
With reference to the subject cited above, it is to inform that I am submitting a proposal for issuance of preventive detention order against the accused Susanta Kumar Banik, S/o. Lt. Shanti Ch. Banik of Siddhiashram, Badharghat, Kalimata Sangha, near Railway Station, PS-Amtali, West Tripura U/-3 of PIT NDPS Act, 1988.
Ongoing through the proposal and the relevant records collected from various sources, the following grounds have been found for detention of Susanta Kumar Banik, S/o. Lt. Shanti Ch. Banik of Siddhiashram, Badharghat, Kalimata Sangha, near Railway Station, PS-Amtali, West Tripura U/-3 of PIT NDPS Act, 1988.
1. Sri Susanta Kumar Banik, S/o. Lt. Shanti Ch. Banik of Siddhiashram, Badharghat, Kalimata Sangha, near Railway Station, PS-Amtali, West Tripura was charge sheeted in Amtali PS Case No. 2019/AMT/208 dated 05/11/2019 U/S 22(b)/22(C)/29 of NDPS Act, 1985 which was registered following seizure of 92 gm brown sugar (Heroin) & 7600 nos yaba tablets. Investigation of the case has revealed that he is involved in running of illegal business of narcotic drugs throughout the State and outside the State. The subject was arrested on 05/11/2019 and forwarded to the Ld. Court. He has already been charge sheeted in this case vide Amtali PS C/S No. 11/20 dated 09/02/2020 (Copy of FIR, seizure list, inventory, arrest memo, SFSL report, statement of witnesses are enclosed).
2. Sri Susanta Kumar Banik, S/o. Lt. Shanti Ch. Banik of Siddhiashram, Badharghat, Kalimata Sangha, near Railway Station, PS-Amtali, West Tripura again got involved in East Agartala PS Case No. 2021 EAG 052 dated 25/04/2021 U/S-21(B)/29 of NDPS Act wherein on 25/04/2021 the said Susanta Kumar Banik S/o Lt. Santi Ch. Banik was again caught red handed while dealing with NDPS substance near Badharghat Railway Station. One pouch filled with suspected heroin was recovered from his possession along with cash Rs.20,400/- & a android mobile. It has made very much clear that the said Sushanta Kumar Banik is a habitual drug dealer and sells drug to youths hence running the lives of young fellows as well as the entire society as a whole. The investigation of the above referred case is under progress and the said Susanta Kumar Banik is learned to be in Judicial Custody.
In view of the above it can be stated that Sri Susanta Kumar Banik is a kingpin in illegal trafficking of narcotic drugs inside the state as well as outside the state. He did not stop his illegal activities of narcotics drugs and psychotropic substances even after his
Preventive detention requires strict compliance with statutory safeguards and justifications for delay, ensuring protection against arbitrary deprivation of liberty.
Preventive detention orders must consider all vital documents, including bail orders, as their omission can invalidate the order.
Detention orders under the PITNDPS Act can be upheld when communicated timely and justified despite delays in arrest, emphasizing the subjective satisfaction of authorities against habitual offenders....
Preventive detention orders must consider the detenu's current custody and likelihood of bail; failure to do so invalidates the detention.
A detention order under the PITNDPS Act is valid if the authority satisfies three criteria regarding the likelihood of bail, and potential for subsequent prejudicial activity, irrespective of the det....
Preventive detention must rely upon proximate, live material; unexplained administrative delay, non-supply of foundational documents, and the use of detention as a punitive substitute for regular bai....
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