IMPORTANT POINT
The detention order must be based on the detaining authority's subjective satisfaction, and delay in disposal of the representation by the State Government and non-consideration of the representation by the Central Government can render the detention order fatal.

JUDGMENT :

(Devashis Baruah, J.) :

The instant writ petition under Article 226 of the Constitution is filed by the father of the detenu, i.e. Mr. Thorhu Thaoli (herei after referred to as ‘the detenu’) challenging the detention order dated 26.07.2023; rejection of the representation by the respondent No.2 dated 03.10.2023; rejection of the representation by the respondent No.1 vide the order dated 16.10.2023; the confirmation order dated 19.10.2023 issued by the respondent No.1 as well as the extension order dated 24.01.2024.

2. From the materials on record, it reveals that on 31.05.2023, the detenu along with five others were stopped by the police personnel near Khuzama Check Gate. From the materials on record, it reveals that on a search being conducted, 50 numbers of soap cases containing heroin weighing 650 grams approximately was recovered from the manually built chamber in the luggage boot of the vehicle. On the basis of the said search, an FIR was lodged which was registered and numbered as Narcotic P.S. Case No.0009/2023 under Sections 21(c)/60/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, ‘the Act of 1985’). The detenu thereupon continued to remain in custody.

3. On 12.07.2023, the Additional DGP (L&O), Nagaland issued a communication to the Secretary, Home Department, Government of Nagaland proposing for the detention of the detenu under the provisions of Preventive of Illicit Drugs of Narcotic Drugs and Psychotropic Substances Act, 1988 (for short, ‘the Act of 1988’). The grounds of detention so mentioned in the proposal were that the detenu during his interrogation admitted to illegal trafficking of Narcotic Drugs and Psychotropic Substances in and around Dimapur Town. The second ground was that the detenu used his vehicle for transporting Narcotic Drugs and Psychotropic Substances from Senapati, Manipur to Dimapur, Nagaland. The third ground was that the State of Nagaland lies within the area highly vulnerable to such illicit trafficking as explained under Section 10 (v) (c) of the Act of 1988. The fourth ground is that if the detenu is bailed out, he is likely to indulge in illegal trafficking of Narcotic Drugs and Psychotropic Substances. The fifth ground was that from the statement of the detenu, it revealed that he continuously engaged in trafficking of contraband and there is all likelihood that he is to continue to indulge in illegal trafficking of the contraband and hence it was required that he be prevented from the said.

4. On the basis of the said proposal dated 12.07.2023, the respondent No.2 passed the detention order dated 26.07.2023 under Section 3(1) of the Act of 1988. It is admitted that the said order of detention was served upon the detenu on 26.07.2023 along with the grounds of detention. In terms with the said grounds of detention, it has been mentioned that 50 numbers of soap cases containing narcotic drugs weighing 650 grams approximately were found concealed inside the manually built chamber of the luggage boot of the vehicle bearing registration No.AS-01-AZ-9448 which belonged to the detenu and the police investigation has revealed that the seized drugs belonged to the detenu. It was mentioned that the detenu had engaged in transportation of narcotic drugs from Senapati Manipur to Dimapur, Nagaland on five occasions since April 2023 for illegal gains which shows that the detenu’s involvement in inter-State networking of drug trafficking. It was further mentioned that during the course of investigation, it revealed that the detenu has been involved in the illegal trafficking of the Narcotic Drugs and Psychotropic Substances and marketing the contraband in an around Dimapur confirming to the acts under Section 2 (e) of the Act of 1988. Further to that, it was stated that the detenu was presently under judicial custody and on the basis of the materials placed before the Detaining Authority, the Jail Authority was satisfied that the detenu was likely to indulge in sim