Preventive detention requires strict justification and cannot be enacted merely on apprehension of future crimes, especially when bail has previously been granted.

JUDGMENT :

Reetobroto Kumar Mitra, J.

1. This Writ Petition has been filed seeking a Writ of Habeas Corpus upon setting aside, cancelling, withdrawing and/or quashing the detention order dated 5th September, 2024 passed by the Detaining Authority, Joint Secretary under the Prevention of Illicit Trafficking in Narcotic Drugs and Psychotropic Substances Act of 1988 (hereinafter referred to as PIT-NDPS) directing that the petitioner be detained and kept in Loknayak Jayaprakash Narayan Central Jail, Hazaribagh, Jharkhand (hereinafter referred to as the said Jail) to prevent the petitioner’s participation in any further illicit activity and in public interest. The petitioner has been found to be a habitual offender and threat to innocent persons such that her activities are prejudicial and detrimental to the society.

2. The facts leading to the order of 5th September, 2024 are clear and unequivocal. The petitioner had been arrested on account of three cases as under:-

i. FIR No. 3 of 2020 pending before City Sessions Court, Calcutta, in which the petitioner was granted bail on 11th December, 2020. (1.01 Kg of heroin)

ii. NCB Case No. 19 of 2023 whereby petitioner was granted bail on 9th May, 2024. ( seizure of 30 Kg of ganja)

iii. NDPS Case No. 4 of 2024 corresponding to NCB Case No. 2 of 2024 pending before the learned Additional Sessions Judge 12th Court, Alipore in which the petitioner was granted bail on 5th March, 2024.( seizure of 7 Kg of ganja)

3. In all three cases the petitioner was (allegedly in possession) of heroin and ganja. In the second case, petitioner was found to be in possession of ganja exceeding 20 kg ceiling, making it of commercial value. The petitioner had been granted bail in all three matters by the Courts of competent jurisdiction, including an order by the Hon’ble High Court at Calcutta.

4. The order of detention dated 5th September, 2024 was communicated to the petitioner sometime in December, 2024. On 16th December, 2024, the petitioner was taken to the prison in Jharkhand but refused admission on the first instance. Thereafter, on 18th January, 2025, the petitioner was lodged in the prison in Jharkhand.

5. The petitioner’s son made a representation on 22nd January, 2025 seeking cancellation of the order of detention. A second representation, this time by the petitioner herself, was made on 10th February, 2025.

6. The representation dated 22nd January, 2025 was rejected by an order dated 19th February, 2025, while the representation of 10th February, 2025 was rejected twice, once on 29th April, 2025 and again on 14th May, 2025. The rejection on 14th May, 2025, while the present Writ Petition was filed and pending.

7. The petitioner thereafter made a representation to the Advisory Board, Jharkhand against the order of detention, dated 5th September, 2024.

8. In the meanwhile, the Union of India through Narcotics Control Bureau, KZU, Kolkata, had applied for cancellation of the petitioner’s bail, which was rejected by the High Court at Calcutta on 6th March 2025.

9. The Writ Petition was filed sometime in February, 2025 and obviously does not, as it could not have, challenged the order/opinion of the advisory board, made subsequently on 26th March, 2025. A supplementary affidavit has been filed by the petitioner bringing on record the order dated 19th February, 2025 rejecting the representation dated 22nd January, 2025 as well as the advisory board’s opinion dated 6th March, 2025 as well as the order passed by the Hon’ble High Court at Calcutta dated 6th March 2025 refusing to