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THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SANJAY KUMAR MEDHI, PRANJAL DAS
Siba Bhuyan @ Sujal Bhuyan @ Shiva Bhuyan, S/o. Late Dulu Bhuyan – Appellant
Versus
State Of Assam, Represented By The Commissioner And Secretary To The Government Of Assam, Home And Political Department – Respondent
| Table of Content |
|---|
| 1. preventive detention grounds established. (Para 2 , 3 , 4 , 5) |
| 2. petitioner's claims about detention flaws. (Para 9 , 10) |
| 3. affirmative defense by respondents presented. (Para 11 , 15 , 17) |
| 4. legal standards for detention affirmed. (Para 21 , 22 , 23) |
| 5. procedural compliance in detention confirmed. (Para 28 , 29 , 30) |
| 6. detention order upheld. (Para 31 , 32 , 33) |
JUDGMENT :
Pranjal Das, J.
1. Heard Mr. M. Rahman, learned counsel for the petitioner. Also heard Mr. B. Goswami, learned Addl. Advocate General and Mr. K.K. Parasar, learned CGC appearing for the respondents.
2. The petitioner, Siba Bhuyan has filed the instant application under Article 226 of the Constitution of India seeking interference with the detention order dated 05.06.2025 vide Memo No. ECF-614967/67 issued by the Respondent No.2– Secretary, Home and Department, Government of Assam.
3. The facts in brief as contended by the petitioner, are that on 11.06.2025, he was served with a copy of the aforesaid detention order by the police personnel of Biswanath Chariali Police Station, who came to his house and took him to the quarter of the DSP, Biswanath Chariali where he was made to sign certain papers.
4.
Preventive detention under the NDPS Act is upheld when procedural compliance is confirmed, and compelling societal protection against drug trafficking is demonstrated.
Detention order - Failure of the Department to send a report as mandated under Section 3(2) to the Central Government within 10(ten) days as well as the mandate of Section 9(f) for confirmation of an....
Preventive detention requires strict justification and cannot be enacted merely on apprehension of future crimes, especially when bail has previously been granted.
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