Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Gau) 1422

IN THE GAUHATI HIGH COURT THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH KOHIMA BENCH
MANISH CHOUDHURY, YARENJUNGLA LONGKUMER, JJ.
Mr. H. Absalom, S/o – Happymoon
Versus
The State of Nagaland, represented by the Chief Secretary, Government of Nagaland
WRIT PETITION (CRL.) NO. 16/2025
Decided on : 25-09-2025

Advocates Appeared:
For the Appellant :Mr. A. Zho, Advocate
For the Respondent:Mr. Inaholi, Government Advocate Mr. Yangerwati, Central Government Counsel

Preventive detention under the PIT-NDPS Act requires clear justification that detainees pose an imminent threat, which was not established in this case as no criminal antecedents were found.

Headnote:(A) Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 - Section 3(1) - Writ petition for habeas corpus - Detention Order issued on 09.05.2025 and confirmed on 12.08.2025 challenged. A detenu detained under PIT-NDPS Act was involved in drug trafficking; however, the authorities failed to demonstrate sufficient reasons justifying preventive detention after being aware that the detenu was already in judicial custody. The Supreme Court has established that preventive detention is not a means of punishment but to prevent future actions. If there are no criminal antecedents and the possibility of bail cannot be substantiated, the detention may be deemed illegal. Communication of detention grounds must be executed promptly and in a manner that enables effective representation by the detenu, failing which the detention is unconstitutional. The Detention Order dated 09.05.2025 set aside as unconstitutional, resulting in the immediate release of the detenu. (Paras 22, 36, 47, 50, 51)

(B) Legal standards for preventive detention - The detaining authority must have reliable material showing that the detenu is likely to be released on bail and then likely to resume prejudicial activities; otherwise, detention may be unlawful. (Paras 41-44)

(C) Communication obligations under Article 22(5) of the Constitution must be effectively met; failure to provide translated grounds of detention constitutes a significant infringement of the right to a meaningful defense. (Paras 31-34)

Table of Content
1. writ petition for habeas corpus. (Para 1 , 2)
2. factual background of detention. (Para 3 , 4 , 5 , 6 , 7)
3. confirmation of detention order. (Para 10 , 15)
4. arguments by parties regarding detention. (Para 17 , 18 , 19)
5. court observes legality of detention. (Para 21 , 22 , 25 , 26 , 27)
6. rights of detainee under article 22(5). (Para 35 , 36 , 39 , 47)
7. court's decision to set aside detention. (Para 50 , 51)

JUDGMENT :

M. Choudhury, J.

1. This writ petition under Article 226 of the Constitution of India for a writ in the nature of habeas corpus is preferred by the petitioner who is a brother of a detenu, Sri Rockson Poumai, who has been detained in the Central Jail, Dimapur pursuant to an Order dated 09.05.2025 passed by the Special Secretary to the Government of Nagaland, Political Branch, 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 PIT-NDPS Act’, for short]. Assail is also made to an Order dated 12.08.2025, passed by the Chief Secretary to the Government of Nagaland. By the Order dated 12.08.2025, the Chief Secretary to the Government of Nagaland [the respondent no. 1] on behalf of the State Government had confirmed the Detention Order dated 09.05.2025 and also extended the period of detention for another period of three months w.e.f. 13.08.2025 to 12.11.2025.

2. It is apposite to exposit the relevant and anterior events which occurred leading to the passing of the Order of Detention dated 09.05.2025, at first, and thereafter, the Order of Confirmation dated 12.08.2025.

3. On 25.02.2025, one Sri Vikishe Chophy, an Assistant Sub-Inspector of Police & In-Charge, Anti-Extortion Team [AET], Chumoukedima, Dimapur lodged a First Information Report [FIR] [Suo-Moto] before the Officer In-Charge, Chumoukedima Police Station stating inter-alia that at around 16-00 hours on 25.02.2025, an information was received from the Assistant Commissioner of Police [ACP], Chumoukedima that one suspected drug trafficker was travelling to Dimapur from Manipur via Chumoukedima and drugs would be carried out in a hidden compartment of a vehicle. On receipt of the information, a team proceeded to Patkai Bridge area for intercepting the drug trafficker. On reaching the place, checkings of motor vehicles were conducted and, in the process, the alleged drug trafficker, who was travelling in a Bolero Vehicle [Green colour] bearing registration no. NL- 02/C-9921 [‘the subject-vehicle’, for short], was identified. The drug trafficker and the subject-vehicle were brought to Chumoukedima Police Station for search. The informant mentioned that the provisions of Section 41 [2], Section 42 and Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 [‘the NDPS Act’, for short] were duly followed in the process. The informant stated that the subject-vehicle was thoroughly searched in presence of the Assistant Commissioner of Police [ACP], Chumoukedima and independent witnesses under videography and at around 17-00 hours, six soap cases, containing suspected drugs locally known as sunflower, were found concealed inside the gear liver of the subject-vehicle. Another twenty-four soap cases containing suspected drugs, sunflower were recovered from the backlight compartment of the subject- vehicle. It was stated that the recovered soap cases were seized by preparing a seizure memo in presence of independent witnesses. On examining the apprehended person, he identified himself as Rockson Poumai, Son of Happymoon, resident of Lower Phaibung, Tadubi, Sub-Division – Senapati Purul in the State of Manipur. The seized suspected drugs were found weighing 315 grams [approx.]. The apprehended person, Rockmoi Poumai and the seized suspected drugs were handed over with the FIR to Chumoukedima Police Station for further necessary action.

4. On receipt of the FIR, the Officer In-Charge, Chu