Back
IN THE HIGH COURT AT CALCUTTA
DEBANGSU BASAK, MD. SHABBAR RASHIDI
Union of India – Appellant
Versus
Raghunath Kumar @ Raghunath – Respondent
Judgement :
DEBANGSU BASAK, J.
1. Appellant has assailed an order dated July 8, 2025 passed by the learned Single Judge in WPA 14963 of 2025.
2. Learned Deputy Solicitor General appearing for the appellant has contended that, provisions of Prevention of Illicit Traffic in Narcotic Drug and Psychotropic Substances Act, 1988 not invoked as against the private respondent. An order dated May 16, 2025 had been passed by the appropriate authority exercising powers under Section 3(1) of the Act of 1988. He has referred to the order dated May 16, 2025 passed in this regard.
3. Learned Deputy Solicitor General has drawn the attention to the fact that such order dated May 16, 2025 was annexed to the writ petition filed by the private respondent in which the impugned order was passed. He has also referred to the order of the Co-ordinate Bench permitting affidavits to be filed and the affidavit of the private respondent filed pursuant thereto. In particular, he has referred to paragraph 4(c) of the affidavit of the private respondent and contended that, the respondent No. 1 claimed receipt of such order from the respondent No. 2 on June 7, 2025. He has contended that, respondent No. 1 is not suppo
An appeal regarding detention orders under the Prevention of Illicit Traffic in Narcotic Drugs Act is maintainable even if earlier rulings suggested otherwise, as civil rights issues are involved, di....
The judgment established that a detention order can be challenged at the pre-arrest/pre-execution stage on grounds beyond those enumerated in Alka Subhash Gadia's case, but the delay in executing the....
The main legal point established in the judgment is the requirement for compelling reasons to justify preventive detention under the PITNDPS Act, 1988, and the importance of complying with procedural....
Preventive detention requires strict compliance with statutory safeguards and justifications for delay, ensuring protection against arbitrary deprivation of liberty.
The right to personal liberty must be safeguarded, and any deprivation of liberty must be in accordance with the law, with a live and proximate link between the grounds of detention and the purpose o....
Preventive detention – Non-reflection of granting of bail in favour of detenu is not fatal to detention order.
Preventive detention laws allow for detention despite bail status if there is a reasonable belief of future offenses based on past conduct.
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
