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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
Kakheto Sema, Budi Habung
Ngapnon R/o Longwa Wasa – Appellant
Versus
State Of Nagaland – Respondent
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
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.
Preventive detention under the PITNDPS Act is justified based on subjective satisfaction of authorities, even if the detenue is in judicial custody, if there is a likelihood of future illicit activit....
Preventive detention requires cogent evidence and compliance with due process, including proper communication of grounds in a comprehensible language for the detenu.
Preventive detention requires clear evidence of likelihood of bail and potential prejudicial activities; mere assertions are insufficient for lawful detention.
The detention order must be supported by sufficient grounds, and the disposals of the representation must be within a reasonable time and in accordance with the law.
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.
Detention orders must communicate grounds in an understandable language and demonstrate legal compliance, particularly regarding the detenu's probable release on bail and overall threat assessment.
Preventive detention requires a live link between alleged activities and the detention order; unreasonable delays can invalidate such orders.
The main legal point established in the judgment is the requirement for compelling reasons to justify preventive detention under the PITNDPS Act, 1988, and the importance of complying with procedural....
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....
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