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2025 Supreme(Gau) 1539
THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
KALYAN RAI SURANA, RAJESH MAZUMDAR, JJ.
Eusuf Ali Alias Yusub Ali, S/o. Jalal Rahman - Petitioner
Versus
The Union Of India, Represented By The Secretary To The Govt. Of India, Department Of Revenue, Ministry Of Finance
And Ors. – Respondents
W.P.(Crl.) No.43 of 2025
Decided On : 11-09-2025
Important Points
Subject
Criminal Law - Preventive Detention
Act Referred
Headnote
(B) Legal principles for preventive detention - Court reiterates need for live connection between past conduct and preventive measures; mere recitation of facts and improper justification undermine validity of detention order. (Paras 6, 8)
(C) Importance of considering bail conditions - Failure to examine bail conditions shows non-application of mind by authorities in detaining a person already in custody under criminal law. (Paras 6, 8)
(D) Court's findings on the legislative intent underlying preventive detention - Detention must be preventive, not punitive, and must be based on compelling reasons and current circumstances indicating future risk. (Paras 6, 8) (E)
Result: Detention order quashed; petitioner to be set at liberty forthwith if not in custody in other cases.
For the Petitioner: Mr. M. Biswas, J. Singpho, A. Ghosal.
For the Respondents: DY.S.G.I., Mr. K.K. Parasar (C.G.C),SC, NCB.
| Table of Content |
|---|
| 1. petitioner's detention ordered under pitndps. (Para 2 , 3) |
| 2. details of bail applications and consequent events. (Para 4) |
| 3. petitioner's arguments against the detention order. (Para 5) |
| 4. delay in issuing detention order affects legality. (Para 6 , 8) |
| 5. court's decision on the validity of detention. (Para 7) |
| 6. final judgment to set petitioner at liberty. (Para 9) |
JUDGMENT :
Rajesh Mazumdar, J.
Heard Mr. M. Biswas, learned counsel for the petitioner. Also heard Mr. K.K. Parasar, learned CGC for the respondent No. 1, 2 & 3; Mr. H.K Hazarika, learned Government Advocate for the respondent No.4 and Ms. R. Hussain, learned Standing counsel, NCB for the respondent No.5.
2. By filing this writ petition under Article 226 of the Constitution of India, the petitioner has assailed the detention order bearing F. No. U-11011/23/2025- PITNDPS dated 13.05.2025 issued by the Joint Secretary, (PITNDPS) Department of Revenue, Ministry of Finance, Govt. of India, thereby ordering detention of the petitioner, namely, Eusuf Ali @ Yusub Ali under PITNDPS Act on the ground stated therein as well as all orders consequential thereto.
3. Facts which are not undisputed :
(i) The petitioner was arrested on 02/01/2024 in connection with NCB Crime No. 17/2023 under section 21(C)/29 NDPS Act. On 03/01/2024, the petitioner was shown arrested in connection with NCB Crime No. 18/2023. The charge-sheet in the first case i.e. NCB Crime No. 17/2023 was filed on 06/04/2024 and the charge-sheet in the second case was filed on 22/04/2024. Both the cases are now pending trial before the Court of learned Additional Sessions Judge No.02, Kamrup (M) at Guwahati.
(ii) The petitioner had filed B.A No. 1019/2024 in this Court praying for bail in connection with NCB Crime No. 17/2023 and had filed B.A No. 1014/2024 in connection with NCB Guwahati Crime No. 18/2023.
(iii) Both the Bail Applications were taken up on 02/05/2024 and were disposed in view of the fact that the charge-sheet had already been submitted with respect of each of the cases. The petitioner was accordingly granted liber- ty to approach the Trial court seeking regular bail with further directions that the such applications would be considered by the learned Trial Court in accordance with law.
(iv) On 14/05/2025, the petitioner filed B.A No. 1205/2025 in connection with NDPS Case No. 129/2024 corresponding to NCB Crime No. 17/2023 and B.A No.1364/2025 on 28/05/2025 in connection with NDPS Case No. 140/2024 corresponding to NCB Crime No. 18/2023.
(v) While the aforesaid Bail Applications were pending before this Court, on 13/05/2025, the respondent No. 2 passed the impugned detention order No. F.No.-U-11011/23/2025-PITNDPS, issued by the Joint Secretary to the Government of India, Ministry of Finance Department of revenue (PITNDPS Unit).
(vi) B.A No. 1205/2025 was disposed of on 14/05/2025 granting bail to the petitioner subject to the conditions recorded in the order itself. The B.A No.1364/2025 was disposed on 28/05/2025 granting bail to the petitioner on conditions recorded in that order. Relevant to state that Bail Application of the co-applicant namely, Jayad Khan in B.A No. 1364/2025 was rejected by the Court through the same order dated 28/05/2025.
(vii) The detention order dated 13/05/2025 along with its annexures, detailing the grounds on which the detention order had been passed, was served upon the petitioner on 28/05/2025 even as the petitioner was still in custody, awaiting his release in accordance with the order dated 28/05/2025 passed in B.A No. 1364/2025.
(viii)The petitioner submitted representations against the detention order dated 13/05/2025 on 12/06/2025 before the respondent No. 1, 2 & 4 and the same was disposed on 30/06/2025 by the Deputy Secretary to the Government of India, Ministry of Finance, Department of Revenue (PITNDPS Division), i.e. by the respondent No.2 which was served on the petitioner on 08/07/2025, and by the respondent no.1 on a date not disclosed but conveyed t
