Preventive detention under the NDPS Act is upheld when procedural compliance is confirmed, and compelling societal protection against drug trafficking is demonstrated.

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. It is contended that the police personnel apart from serving a copy of the detention order, served his mother some illegible photocopies of case records. Thereafter, the petitioner was forwarded to Biswanath District Jail, where he is undergoing preventive detention at present.

5. In the detention order dated 05.06.2025 mentioned above, it is stated that the petitioner has been engaging in illegal and harmful activities of illicit business in narcotic drugs and repeated violations of the provisions under NDPS Act 1985. Reference of two police cases under the NDPS Act, pending against him has been given, those being – Biswanath Chariali PS Case No. 4/2022 under section 21(a)/29 of NDPS Act and Gingia PS Case No.49/2024 under section 21(b) NDPSAct, read with section 78 of the JJ Act.

6. It is further stated in the detention order that as intimated by the SP, Biswanath Chariali, in his letter dated 01.07.2024, the petitioner was found to be a repeated offender under various sections of NDPS Act and therefore, his preventive detention invoking the provisions of Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substance (hereinafter PIT NDPS) Act is necessary to break the network of drug supply in the district.

7. The grounds of detention vide ECF 614-967/64 dated 05.06.2025 are also on similar lines; that, as per confidential information, petitioner is involved in illicit trafficking of illegal drugs for last several years and involved in multiple cases such as Biswanath Chariali PS Case No. 4/2022 and Gingia PS Case No. 49/2024 under the NDPS Act.

8. References have been made to certain facts pertaining to these cases that in the Biswanath Chariali PS Case No. 4/2022, the police recovered 6 grams of heroin from one Pankaj Gupta, who stated that it was purchased from the petitioner. Similarly, it was revealed that the detenue compelled one minor boy to conceal 36 grams of heroin; that the petitioner was involved in trafficking of drugs in Biswanath District and though at present on bail, his release is detrimental to society as his high likelihood of his resuming criminal activities in the district; that his detention is necessary to protect, the society from drugs in the area and to deter other criminals.

9. The learned counsel for the petitioner supporting the contentions in the petition submits that the grounds of detention were given to his mother in English language. But, his mother was an illiterate lady and therefore, there was no effective conveying of grounds of detention. Secondly, the family of the petitioner was not given proper information regarding submitting of representation and that, though his mother submitted a representation dated 17.06.2025 before the SP Biswanath District, the same was never forwarded to the Advisory Boa