Preventive detention requires compelling reasons if the individual is already in custody; mere judicial detention does not justify preventive detention under the PIT-NDPS Act without a theory of imminent release.

JUDGMENT :

M. Choudhury, J.

1. The present writ petition under Article 226 of the Constitution of India is preferred by the petitioner, brother of a detenu named Smti. Ch. Lamkhonei Khongsai, who has been detained in the Central Jail, Dimapur pursuant to an Order dated 20.12.2024 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]. Challenges are also made to two Orders, dated 19.03.2025 & dated 20.06.2025, passed by the Chief Secretary to the Government of Nagaland. By the Order dated 19.03.2025, the Chief Secretary to the Government of Nagaland [the respondent no. 1] on behalf of the State Government had confirmed the Detention Order dated 20.12.2024 and also extended the period of detention for another period of three months w.e.f. 21.03.2025 till 20.06.2025. By the subsequent Order dated 20.06.2025, the respondent no. 1 had extended the period of detention for another period of three months w.e.f. 21.06.2025 till 20.09.2025.

2. It is apposite to exposit the relevant events which occurred prior to the passing of the Order of Detention dated 20.12.2024, at first.

3. On 09.08.2024, the Officer In-Charge, Narcotic Police Station, PHQ, Kohima lodged a First Information Report [FIR] [Suo-Moto] stating inter-alia that at around 22-30/23-30 hours on 08.08.2024, one MVCP team of Narcotic Police Station intercepted one vehicle, Alto LXi [Red Colour] bearing registration no. MN-08/A-0740 [‘the subject-vehicle’, for short], which was proceeding towards Kohima from Manipur side. There were six occupants including a minor boy, inside the subject-vehicle. Having suspected that the occupants were acting in contravention of the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 [‘the NDPS Act’, for short], the Duty Commander informed the Deputy Superintendent of Police [Narcotics] and the Officer In-Charge, Narcotic Police Station, PHQ. Thereafter, the team checked the subject-vehicle at the place of occurrence in presence of independent witnesses. During checking, 29 [twenty-nine] soap cases containing suspected heroin were recovered. Out of 29 [twenty-nine] soap cases, 21 [twenty-one] soap cases were found concealed inside the spare tyre of the subject-vehicle and six soap cases were found wrapped in a blue ladies’ shawl belonging to Smti. Ch. Lamkhonei Khongsai [the detenu]. The remaining two soap boxes were found inside a blue ladies’ handbag belonging to one R. Ponga. The FIR further mentioned that all the 29 [twenty-nine] soap cases containing suspected heroin were seized by preparing a seizure memo in presence of independent witnesses. Thereafter, the soap cases were weighed, packed and sealed under videography and a seizure panchnama was prepared. The seized soap cases were serially numbered and individually weighed. The total weight of suspected heroin were found to be approximately 359 grams. The occupants along with the subject-vehicle and the seized items were escorted to the Narcotic Police Station, PHQ, Kohima and produced before the Officer In-Charge. Thereafter, five of the six occupants, excluding the minor, were arrested by serving arrest memos and informing their family members about the arrests made.

4. The five occupants so arrested were :- [1] R. Ponga; [2] Ch. Lamkhonei Khongsai [the detenu]; [3] K. Sangi; [4] Kamson Khongsai; and [5] Haotinlen Haokip. By lodging the FIR [Suo-Moto], a crime case, Narcotic Po