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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
ROBIN PHUKAN, BUDI HABUNG
Mukesh Kumar Yadav – Appellant
Versus
State Of Nagaland, Through The Chief Secretary, Nagaland Kohima – Respondent
| Table of Content |
|---|
| 1. background facts leading to detention. (Para 2 , 3) |
| 2. arguments regarding legality of detention. (Para 4 , 5) |
| 3. court’s analysis on procedural adherence. (Para 6 , 8 , 12 , 16) |
| 4. legal standards for preventive detention. (Para 9 , 10 , 11) |
| 5. conclusion on the legality of detention orders. (Para 17 , 18 , 19) |
Judgment :
R. Phukan, J.
Heard Mr. Pokyim Yaden, learned counsel for the petitioner. Also heard Ms. Livika, learned Government Advocate for the respondent Nos. 1 and 2; and Mr. C. Phom, learned counsel appearing on behalf of Mr. Yanger Wati, learned CGSC for the respondent No. 3.
2. In this petition, under Article 226 of the Constitution of India, the petitioner has challenged the detention order No. CON/PITNDPS/19/2025/226, dated 07.10.2025, passed by the Special Secretary to the Govt. of Nagaland, Home Department (Political Branch), Nagaland, Kohima, along with other consequential/connected confirmation or extension orders; and also the order No. CON/PITNDPS/19/2025/249, dated 14.11.2025, passed by the Special Secretary to the Govt. of Nagaland, by which Shri Durg Singh is put under preventive detention under the Prevention of Illicit Traffic in Narcotic Drugs
Detention orders must communicate grounds in an understandable language and demonstrate legal compliance, particularly regarding the detenu's probable release on bail and overall threat assessment.
Preventive detention requires cogent evidence and compliance with due process, including proper communication of grounds in a comprehensible language for the detenu.
Preventive detention requires a clear link between past conduct and future risk; failure to communicate grounds in an understandable language violates constitutional rights.
Detention orders under preventive laws must communicate grounds in a language understood by the detainee; failure to do so violates constitutional rights under Article 22(5).
Preventive detention valid despite irregularity in not specifying detention places by general/special order under Section 5 PIT NDPS Act, where material shows repeated illicit trafficking; period fro....
Preventive detention under the PITNDPS Act is justified if the detaining authority reasonably believes the individual poses a threat to public safety, even if they are already in judicial custody.
Preventive detention – Preventive detention deprives a person of his/her individual liberties by detaining him/her for a length of time without being tried and convicted of a criminal offence and pre....
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