Preventive detention orders must comply with constitutional safeguards, including the right to understand the grounds for detention in a comprehensible language.

JUDGMENT :

Y. Longkumer, J.

Heard learned counsel, Mr. Alemwapang Ao along with learned counsel Ms. Y.S. Phom for the petitioner, Ms. Inaholi, learned Government Advocate appearing on behalf of the State respondents and Mr. Z.N. Ngullie, learned CGSC appearing on behalf of the Central Government.

2. This is a petition under Article 226 of the Constitution of India praying for issuance of a writ of Habeas Corpus to quash and set aside the detention order bearing No. CON/PITNDPS/35/2024/225 dated 12.12.2024 passed by the Special Secretary to the Government of Nagaland 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 for short) detaining the detenue under the said act. The petitioner has also assailed the Confirmation Order No. CON/PITNCPS/35/2024/184 dated 12.03.2025 by which the State Government, pursuant to the opinion of the Advisory Board, confirmed the detention order dated 12.12.2024 and further extended the detention order with effect from 12.03.2025 till 12.06.2025.

3. The petitioner is the sister of the detenue, who is presently detained under the PITNDPS Act and lodged at District Jail, Dimapur. The petitioner has been authorized by the detenue to file the present petition.

4. The petitioner’s case is that an FIR was filed on 05.07.2024 at the Narcotic Cell PS, PHQ, Kohima, Nagaland and registered as Narcotic Cell PS Case No. 10/2024 under Section 27A/8(c)/29 of the NDPS Act, and in this connection the detenue was arrested on 10.08.2024 from Dimapur, Nagaland.

5. While the detenue was under judicial custody a proposal for detention was communicated to the Special Secretary, Home, Government of Nagaland on 11.12.2024 for detaining the detenue by the Additional Director General of Police (L&O) and Chairman, Screening Board PITNDPS Act, Kohima, Nagaland vide Letter No. PHQ/IGP/CID/NAR- D/81B/2022/253 for detention of the detenue under PITNDPS Act, 1988 before the Special Secretary, Home, Government of Nagaland, Kohima.

6. When the detenue was under judicial custody, she was detained under the PITNDPS Act by the R-2/Special Secretary, Home Department exercising powers under Section 3 (1) of the Act by order No. CON/PITNDPS/21/2024/252 dated 12.12.2024. It is stated in the said order that on the satisfaction of R-2 the detenue is being detained with a view to prevent her from engaging in illicit traffic in drugs and narcotics for an initial period of 3 (three) months. On 13.12.2024, while, the detenue was still under judicial custody, she was served with the Detention Order, grounds of detention and information to the detainee in connection with her detention.

7. Learned counsel for the petitioner states that in the grounds of detention dated 12.12.2024, it is mentioned that the Detention Order has been passed against the detenue on the grounds of her involvement in illicit trafficking in drugs and narcotic substances. It further mentions that particulars having bearing on the matters are specified in the grounds attached. It was also stated that the detenue has a right to make representation to the detaining authority, the Central Government and the State Government through the concerned jail authority. It was also mentioned that the detenue has a right to claim a personal hearing before the PITNDPS Advisory Board, but the detaining authority failed to inform the detenue that she has a right to take the assistance of a friend and also the time frame within which the detenue has to make a represent