IMPORTANT POINT
The detention order was quashed due to violation of mandatory communication requirements, emphasizing the protection of personal liberty under Article 21.

JUDGMENT :

Manish Choudhury, J.

The present writ petition under Article 226 of the Constitution of India is preferred by the wife of the detenue, Sri Bahar Uddin, who has been detained in the Central Jail, Dimapur pursuant to an Order dated 28.03.2024 passed by the Special Secretary to the Government of Nagaland, Home Department [the respondent no. 2] in exercise of the powers conferred by sub-section [1] of Section 3 of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 [‘the PITNDPS Act’, for short]. Challenge is also made to an Order dated 25.06.2024 passed by the Chief Secretary to the Government of Nagaland [the respondent no. 1], whereby, the Detention Order dated 28.03.2024 has been confirmed and extended for another period of 3 [three] months w.e.f. 28.06.2024 till 27.09.2024. Another Order dated 25.09.2024 passed by the respondent no. 1 extending the detention period for another 3 [three] months w.e.f. 28.09.2024 to 27.12.2024 is also assailed. Both the orders – Order dated 25.06.2024 & Order dated 25.09.2024 – have been passed in exercise of powers conferred by Clause [f] of Section 9 of the PITNDPS Act.

2. It appears appropriate to delineate the events occurred prior to passing of the Order of Detention dated 28.03.2024, at first.

3. A First Information Report [FIR] was lodged before the Officer In-Charge, Narcotic Police Station, Police Head Quarters [PHQ], Kohima on 20.12.2023 by one Bangduen Zeliang, UBI stating inter-alia that as per confidential report received by the Director General of Police [DGP], Nagaland from the Additional Superintendent of Police, CMS PHQ, Nagaland, there were few persons who were suspected to be involved in illicit traffic of NDPS from Manipur to Nagaland and further to Assam. There was direct information about involvement of a few persons named Anita Das, Rabul and V.S. Star, who had travelled to Manipur for the purpose of procurement and supply of contraband. It was informed that those persons might be using a vehicle bearing Registration no. AS-09/B-4440 for the said purpose, as per the source information received in that connection. The informant had requested the Officer In-Charge, Narcotic Police Station, PHQ, Kohima to register a crime case against those persons and to conduct a thorough investigation. On receipt of the said FIR, a crime case, Narcotic Police Station Case no. 22 of 2023 was registered by the Officer In-Charge, Narcotic Police station, PHQ, Kohima on 20.03.2023 for the offences under Section 20A r/w Section 27A of the Narcotic Drugs and Psychotropic Substances Act, 1985 [‘the NDPS Act’, for short] and entrusted the investigation of the case to one Zasilie Angami, UBSI attached to Narcotic Police Station, PHQ, Kohima.

3.1. After registration of Narcotic Police Station Case no. 22 of 2023 and in reference to General Diary Entry no. 03/2023 dated 27.12.2023, credible information was received that the suspected accused persons were proceeding towards Nagaland from Manipur side on 27.12.2023. The I.O. of the case was contacted to apprehend the suspects but the I.O. was not available and could not be contacted. Then one Officer in the rank of UBI was detailed with a team of Police personnel from South Police Station, Kohima and the team proceeded to Phesama Village to intercept the suspects at around 09-00/09-30 hours on 27.12.2023 on positive identification of the suspects and their vehicle. The vehicle bearing Registration no. AS-09/B-4440 [Scorpio] [‘the subject-vehicle’, for short] was, thereafter, intercepted at a place near Phesama Check Gate. The occupants of the subject-vehicle were identified as [i] Sanju Das; and [ii] Smti. Anita Das, husband and wife in relation. Both the suspects were taken to the Police Station and independent witnesses and a Gazetted Officer [the Officer In-Charge, North Police Station] were called. Search on the person of the suspect, Anita Das was carried out by Women Police personnel and during search,