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IN THE HIGH COURT OF GAUHATI, NAGALAND, MIZORAM AND ARUNACHAL PRADESH, KOHIMA BENCH
Manish Choudhury, Devashis Baruah, JJ.
Shri Gurmej Singh Batth, S/O Kabal Singh Batth – Petitioner
Versus
State Of Nagaland Represented By The Chief Secretary and ors. – Respondents
W.P.(Crl.)/20/2024, W.P.(Crl.)/22/2024
Decided On : 12-12-2024
(A) Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 18(b), 60; Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 - Section 3(1) - Preventive detention - Detention orders set aside for lack of cogent materials showing likelihood of release on bail - Detaining authority must demonstrate awareness of detenu's custody and compelling reasons for detention despite it - Judicial review of detention orders requires strict adherence to procedural safeguards. (Paras 26, 36)
(B) Preventive Detention - Judicial scrutiny - Courts must ensure that detention orders are not based on vague or extraneous materials - The detaining authority must apply its mind to all relevant circumstances and provide precise grounds for detention. (Paras 28, 30)
Facts of the case:
The detenues were arrested on 11.05.2024 with 31.213 Kgs of suspected opium, leading to detention under the Narcotic Drugs and Psychotropic Substances Act. The detention orders were challenged on grounds of being in judicial custody without cogent reasons for preventive detention.
Findings of Court:
The court found that the detention orders lacked sufficient grounds and were based on mere ipse dixit statements, thus quashing them.
Issues: Whether the detention orders can be upheld despite the detenues being in judicial custody without cogent materials indicating a likelihood of bail.
Ratio Decidendi: The court ruled that the detaining authority must provide compelling reasons for detention, especially when the individual is already in custody, and that mere assertions are insufficient.
Result: Detention orders quashed.
JUDGMENT :
Devashis Baruah, J.
As free as the grass grows,
Born free to follow your heart.
Born free and beauty surrounds you,
The world still astounds you,
Each time you look at a star.
Stay free, with no walls to hide you,
You’re as free as the roving tide,
So there’s no need to hide.
Born free and life is worth living,
It’s only worth living, if you’re born free.”
2. The above is a verse from a song which was introduced in the cinematographic version of Joy Adamson’s memorable classic “Born Free” which aptly describe the concept of personal liberty and individual freedom. The said personal liberty and individual freedom can be curtailed by preventive detention laws, which could be used to consign an individual to the confines of jail without any trial, on the basis of the satisfaction arrived at by the detaining authority on the basis of the material placed before him. The Supreme Court in the case of Union of India Vs. Ranu Bhandari reported in (2008) 17 SCC 348 observed that the Courts which are empowered to issue prerogative writs have, therefore to be extremely cautious in examining the manner in which a Detention Order is passed in respect of an individual so that his right to personal liberty and individual freedom is not arbitrarily taken away from him even temporarily without following the procedure prescribed by law.
3. In that backdrop, let us proceed to adjudicate the present writ petitions.
4. Both the writ petitions herein are taken up together for disposal by this common judgment and order taking into account that both the detenues were arrested together on 11.05.2024 in connection with Narcotic P.S. Case No.07/2024 registered under Sections 18(b)/60 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘the Act of 1985’). As in both the cases, the detention orders, confirmation orders and the orders passed by the advisory board are separate, we find it pertinent to narrate the facts in both the cases separately which are as herein under:
W.P.(Crl.) No.20/2024
5. The instant writ petition is filed by the cousin brother of the detenu – Shri Karj Singh who was detained in the Central Jail, Dimapur under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (for short ‘the Act of 1988’).
6. The facts involved in the instant writ petition is that an FIR was lodged by the Narcotic Cell Police Station, PHQ, Kohima on 11.05.2024 stating inter alia that on 11.05.2024 during routine checking of the vehicles between Khuzama and Viswema Village, a vehicle bearing Registration No.BR33AZ-2878 (Maruti Brezza White Colour) wherein there were two occupants namely Shri Karj Singh (the detenu in the present proceedings) and Shri Naseeb Singh [the detenu in W.P.(Crl.) No.22/2024] were stopped and search was conducted. It was alleged that while conducting the said search, in the specially built cavity chamber in the running board of the vehicle, drugs suspected to be opium were found inside the chamber. It was further mentioned that 30 packets suspected to be containing opium i.e. 15 packets in each running board of the vehicle were recovered. The suspected narcotic drugs were taken out, weighed separately and total weight approximately 31 Kilo 213 Grams were seized. On the basis of the said FIR, a case was registered as Narcotic P.S. PHQ Case No.07/2024 under Section 18(b)/60 of the Act of 1985 against both the detenues in the two writ petitions presently being adjudicated upon. It is relevant at this stage to take note of that both the persons i.e. Shri Karj Singh and Shri Naseeb Singh thereupon had been in police custody and judicial custody since then.
7. The record further reveals that the Additional Director General of Police (L & O) and Chairman Screening Board PITNDPS Act, Nagaland issued a communication on 27.06.2024 to the Special Secretary (Home) to the Government of Nagaland, Home Department thereby sending his proposal for deten
Preventive detention requires compelling reasons even if the individual is already in custody; mere assertions are insufficient for lawful detention.
Preventive detention requires clear evidence of likelihood of bail and potential prejudicial activities; mere assertions are insufficient for lawful detention.
Preventive detention requires cogent evidence of a detainee's likelihood of bail and potential for prejudicial activities; failure to consider these factors invalidates the detention order.
Preventive detention requires strict compliance with statutory safeguards and justifications for delay, ensuring protection against arbitrary deprivation of liberty.
Preventive detention requires a live link between alleged activities and the detention order; unreasonable delays can invalidate such orders.
The judgment established the necessity of compelling reasons and reliable materials for issuing detention orders, especially when the detainee is already in custody.
Preventive detention quashed for lack of subjective satisfaction: 8-year gap between cases, acquittal in one, incidental recovery during warrant execution fail to establish live proximate link to pub....
Preventive detention under the PITNDPS Act is justified if the detaining authority reasonably believes the individual poses a threat to public safety, even if they are already in judicial custody.
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....
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