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.

JUDGMENT AND ORDER :

D. Baruah, J.

Heard Mr. Imti Longjem, the learned counsel appearing on behalf of the petitioner. Mr. Veto V. Zhimomi, the learned Government Advocate appears on behalf of the respondent Nos. 1, 2 and 3 and Mr. Z.N. Ngullie, the learned CGC appears on behalf of the respondent No. 4.

2. The petitioner who is detained under the provisions of Prevention of Illicit Traffic in Narcotic and Psychotropic Substances Act, 1988 (hereinafter referred to as, “the Act of 1988”) has challenged the Detention Order passed by the respondent No. 2 bearing No. CON/PITNDPS/03/2025/38 dated 04.02.2025 (herein after referred to as, “the Detention Order”) under Section 3(1) of the Act of 1988.

3. The facts involved in the instant case is that the petitioner herein was arrested by an Special Operation Team from her rented residence at Naga Colony, Burma Camp, Dimapur on 07.09.2024 along with another person namely Shri Kashiprii Rakuyio. Thereupon, the petitioner was produced before the Dimapur East Police Station wherein a Suo-Moto FIR dated 07.09.2024 was lodged. It was alleged in the said FIR that during the search operation of the rented house of the petitioner along with Shri Kashiprii Rakuyio at Burma Camp, Dimapur, 7 (seven) soap cases containing suspected heroin weighing 80 (eighty) grams approximately were recovered. It was alleged that subsequent to the arrest Shri Kashiprii Rakuyio revealed that he had concealed 20 (twenty) more soap cases containing suspected heroin in his Alto white colour vehicle bearing No. NL H01 6964. Pursuant to the lodging of the FIR a case was registered being Dimapur East P.S. Case No. 00146/24 under Section 21(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, “the Act of 1985”) read with Section 3(6) of the Bharatiya Nyaya Sanhita, 2023 (for short, “the BNS”).

4. The petitioner was remanded to judicial custody on 13.09.2024. The petitioner thereupon continued to remain in judicial custody. The materials on record further reveal that the petitioner filed a bail application before the learned Court of the Special Judge, NDPS, Dimapur which was registered and numbered as I.A. No. 12/2025 seeking bail. Vide an order dated 23.01.2025, the bail application was rejected on the ground that the quantity involved was a commercial quantity and the rigors of Section 37 of the Act of 1985 squarely applied.

5. While the petitioner was in judicial custody the Additional Director General of Police (L&O) and Chairman Screening Board, PITNDPS Act, Nagaland submitted a proposal on 22.01.2025 to the respondent No. 2 that the petitioner be detained under Section 3(1) of the Act of 1988 so as to prevent her from indulging repeatedly in illegal trafficking of Narcotic Drugs and Psychotropic Substances. The grounds of detention mentioned in the said proposal are reproduced herein under:

“1. The accused admitted to illegal trafficking of Narcotic Drugs & Psychotropic Substances marketing the same substances in and around Dimapur town confirming to acts under section 2(e) of PITNDPS, Act 1988.

2. The State of Nagaland lies within the area of high vulnerable to illicit traffic in narcotic drugs and psychotropic substances as mentioned under section 10(v)(c) of the PITNDPS Acts 1988 and it is pertinent to mention here that the accused admitted the seized contraband recovered from house and vehicle was brought from Senapati to Dimapur by her to be sold to one person from Assam with contact No. 6009335779, which indicates that the accused has an inter-state linkage spreading across states of Manipur-Nagaland-Assam.

3. That, if at large, the accused will be a threat to the peace and security of the State of Nagaland and there is likelihood of the accused committing act endangering the lives of many innocence, peaceful existence of citizens and may warrant law and order problems in the state.

4. There has been a huge public outcry concerning illicit drug in the state which is causing problems of abuse & addict