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.

JUDGMENT & ORDER :

Budi Habung, J.

Heard Mr. Alemwapang Ao, learned counsel for the petitioner. Also heard Ms. Inaholi Wotsa, learned Government Advocate for respondents Nos. 1, 2, and 3, and Mr. Z. N. Ngullie, learned CGC for respondent No. 4.

2. This writ petition is filed by Smti. Ngapnon, who claims to be a friend of Mr. Aphot Sheipha (detenue), challenging the following orders:

(i) Detention Order No. CON/PITNDPS/30/2024/151 dated 17.08.2024, passed by the Special Secretary to the Government of Nagaland, under which the detenue has been detained in exercise of powers under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (hereinafter referred to as the PITNDPS Act, 1988);

(ii) Confirmation Order No. CON/PITNDPS/30/2024/224 dated 18.11.2024, passed by the Chief Secretary to the Government of Nagaland, confirming the Detention Order dated 17.08.2024, thereby extending the period of detention for another three months, effective from 20.11.2024 until 17.02.2025, in exercise of powers under Clause (f) of Section 9 of the PITNDPS Act, 1988; and

(iii) Order No. CON/PITNDPS/30/2024/52 dated 14.02.2025, passed by the Chief Secretary to the Government of Nagaland, whereby the detention of the detenue has been further extended for another three months, effective from 18.02.2025 until 17.05.2025, in exercise of powers under Clause (f) of Section 9 of the PITNDPS Act, 1988.

3. The facts leading to the filing of this writ petition are as follows: On 11.07.2024, a written FIR was received from the 43rd Assam Rifle stating that, based on specific input received from their own source regarding a likely move of a drug consignment on the Niuland-Dimapur Road, on 10.07.2024, at around 2200 hours, a MVCP was launched in the general area of Niuland Dimapur Bridge. At around 2315 hours, a vehicle, Hyundai Eon AS01AY 7288, was intercepted. Upon searching the vehicle, three individuals were found in possession of 81 soap cases of suspected heroin. Consequently, the three persons, including the present detenue, were apprehended and taken to their camp for questioning. Thereafter, all three apprehended individuals were handed over to the Diphupar police station along with the seized consignment on 11.07.2024. Upon receipt of the written FIR, the OC DPR PS registered a case under Section 22(c) of the NDPS Act, read with Section 3(5) of the BNS, and initiated an investigation. Accordingly, the apprehended accused persons, including the present detenue, were arrested in the presence of witnesses.

4. During the course of the investigation, the arrested persons were examined, and the seized drugs were sealed and packed in the presence of a Magistrate before being sent for FSL examination. Upon examination, the detenue narrated the entire event leading to their arrest and admitted that the seized consignment of 81 cases of suspected heroin, locally known as sunflower, belonged to him. The detenue stated that he had purchased it from one Reipei of Senapati, supposedly to be delivered to one Jailong Alem of Khammoi village. However, during the process, they were apprehended by the 43rd Assam Rifle and Police from the Referral Hospital Bridge. The arrested persons, including the detenue, were subsequently sent to judicial remand.

5. The detenue also disclosed that he began selling drugs during the first week of January 2024 when he went to Senapati and purchased two soap cases of drugs (sunflowers) from his friend Reipei for an amount of Rs. 65,000 per soap case, totaling Rs. 1,30,000 (Rupees one lakh thirty thousand), which he sold to Jailong Alem of Khammoi Village for Rs. 70,000 (Rupees seventy thousand) per soap case. After that, he travelled to Senapati multiple times. The second time he went on 28.02.2024 and purchased five soap cases for Rs. 35,000 (Rupees thirty-five thousand) per soap case, which he sold to Jailong Alem. The third time, on 12.04.2024, he purchased 43 soap cases; the fourth time, on 29