IMPORTANT POINT
Preventive detention requires a live link between alleged activities and the detention order; unreasonable delays can invalidate such orders.

JUDGMENT :

(Amit Sharma, J.)

1. The present petition under Articles 226 and 227 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’) seeks the following prayers:

“i. a writ of Habeaus corpus and/or any other appropriate writ, order and/or direction in the nature thereof may kindly be issued thereby directing the respondents to release the petitioner from his illegal detention in pursuance of the detention order dated 21.02.2024 passed by respondent no. 2 in file no. 11011/07/2024-PITNDPS under section 3(1) of the PIT NDPS Act, 1988 and to set the petitioner at liberty forthwith, and,

ii. Issue Writ of mandamus and/or any other appropriate writ, order and/or direction in the nature thereof, thereby directing the respondents to place on record both the sets of original relied upon documents i.e., Hindi and English, which were provided to the petitioner while detaining him under section 3(1) of the prevention of illicit traffic in narcotic drugs and psychotropic substances act, 1988 by the respondents.”

iii. any other order, as may be deemed fit and proper under the facts and circumstances of the case may also be passed in the matter in favour of the petitioner and against the respondents.”

2. The relevant facts for the purpose of adjudication of the present petition are as under:

i. The present Petitioner is alleged to have been involved in the following cases:

a.) FIR No. 72/2012 under Sections 20/25/61/85 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as ‘NDPS Act’), registered at PS: Crime Branch, Delhi for the effected recovery of 88 kgs. Of Ganja (from the possession of the Petitioner and the co-accused therein). The Petitioner was convicted vide order dated 30th August, 2014 and was sentenced to undergo rigorous imprisonment for 2 years 5 months and 15 days, i.e., the period undergone alongwith a fine of Rs. 10,000/- vide order dated 2nd September, 2014, passed by the Learned Additional Sessions Judge (NDPS), West District, Delhi.

b.) FIR No. 202/2016 under Sections 20/25/29 of the NDPS Act, registered at PS: Crime Branch, Delhi for the effected recovery of 81.25 kgs. Of Ganja (from the possession of the Petitioner and the co-accused therein). The Petitioner was acquitted vide order dated 18th October, 2018, passed by the Learned Special Judge (NDPS), Dwarka Courts, Delhi.

c.) FIR No. 157/2023 under Section 20(b)(ii)(C) of the NDPS Act, registered at PS: Ranhola, Delhi for the total effected recovery of 101.65 kgs. of Ganja (35 kgs. and 250 grams of Ganja was recovered from the possession of the Petitioner himself). The chargesheet in this matter was filed against the Petitioner and the co-accused(s) and the Petitioner filed a bail application, which was dismissed vide order dated 23rd September, 2023 by the Learned Special Judge (NDPS), West, Delhi.

ii. On the basis of the alleged involvement of the Petitioner in the aforesaid cases, Deputy Commissioner of Police, Delhi Police, ANTF, Delhi, i.e., the Sponsoring Authority submitted a proposal dated 8th December, 2023 to the Joint Secretary (PITNDPS) to the Government of India, Ministry of Finance, Department of Revenue, New Delhi, i.e., the Detaining Authority (Respondent no. 2) under the provisions of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (hereinafter referred to as ‘PITNDPS Act’). Further information and documents were received from the Sponsoring Authority by Respondent no. 2 on 25th January, 2024; who subsequently forwarded the proposal to the Screening Committee on 29th January, 2024. The said proposal was considered by the Screening Committee on 8th February, 2024 and the same was held to be fit for preventive detention under the PITNDPS Act.

iii. Thereafter, Respondent no. 2 on 21st February, 2024 issued the detention order bearing F. No. U-11011/07/2024-PITNDPS under Section 3(1) of the PITNDPS Act,