Preventive detention under the PITNDPS Act is justified when substantial evidence indicates ongoing illegal trafficking activities, and delays in execution may be excused where the detainee evades authorities.

JUDGMENT

Shalinder Kaur, J. - Under assail is the preventive detention order dated 25.02.2022 issued by the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Cell [in short "PITNDPS Cell"], under Section 3 (1) of Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 [in short "PITNDPS Act"] and confirmed by Central Government, fixed the period of detention of one year from the date of detention i.e, 25.02.2022 under the provisions of Section 9 (6) of PITNDPS Act so as to prevent the petitioner from engaging in illicit trafficking of Narcotics Drugs and Psychotropic Substances in future.

Detention order and proceedings therein:-

2. After passing of the detention order F. No. U-11011/03/2022-PINTNDS dated 25.02.2022 by Mr. Ravi Pratap Singh, Joint Secretary, Government of India, Ministry of Finance, Department of Revenue (PITNDPS Unit), Sh. Naresh Kumar Deputy Secretary (PITNDPS Unit) informed Director General of Police, Uttarakhand, Dehradun to take immediate necessary action to serve the detention order upon Naushad Ali S/o Late Noor Hasan R/o Bahari Kila, Kasba-Landhora Teh-Roorkee, District-Haridwar (Uttrakhand). The said communication also contained other directions with respect to the detention of the petitioner. On 25.02.2022, the Joint Secretary had also formulated the grounds on which detention order had been issued to the petitioner wherein he specifically mentioned that he had gone through the facts and other material presented by the sponsoring authority, Narcotics Control Bureau ((hereinafter referred as NCB), Sub Zonal Unit, Dehradun.

3. The facts submitted before the Joint Secretary are as under:

4. On 31.01.2021, at around 19:30 hrs, an information was received by NCB Dehradun, from Drug Inspector, Haridwar that they had recovered a significant number of medicines restricted under NDPS Act from M/s Shaad Medical Store, Landhaura, Roorkee and detained one person namely Naushad Ali. The case was to be handed over to NCB for further investigation. Thereafter a team of officers from NCB reached the Police Station Kotwali, Mangalour at around 22:30 hours. The Drug Inspector handed over the petitioner and the recovered narcotic drugs along with a detailed inspection report to NCB at Police Station Kotwali. Drug Inspector disclosed that at the time of search of Shaad Medical Store, the petitioner failed to produce a stock register and sale bills of the drugs. The report further disclosed that huge quantities of narcotic drugs and psychotropic substances were recovered from the possession of the petitioner which was in contravention of Section 8 of the NDPS act punishable under Section 22 / 27A/29 of NDPS Act, the details of