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.

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 and Psychotropic Substances Act, 1988 (‘PITNDPS Act’, for short).

Background Facts:-

3. The background facts, leading to filing of the present petition, are briefly stated as under:

“On 12.06.2025, at 21:30 hours, during routing routine MVCP along NH2, between Khuzama and Viswema village area, at around 16:20 hours, one MVCP team of Narcotic P.S. stopped one vehicle, bearing Registration No. WB-54X-4569 (Hyundai i20 white coloured), which was coming from Manipur side. During search of the vehicle in presence of two independent witnesses, under video recording, a fabricated compartment was detected under the driver and co-passenger seats and narcotic drugs, suspected to be of brown sugar, were found concealed inside the specially built compartment located under the driver's seat, which had been structurally altered to include a secret compartment. The suspected contrabands were wrapped in black cello tape, and the same were taken out and altogether six packets were found, which were marked as A1 to A6, and weighed separately using digital measuring scale, and the total weight was found to be 5950 grams i.e. 5.950 kg. The recovered items were duly seized, packed and sealed in a parcel, which was attested by both the independent witnesses and the accused persons, and the accused persons were arrested under proper arrest memo and the rights available to them were read out to them in the language they understood, and the ground of arrest and the reason of arrest were also intimated to them and their relatives were also informed about their arrest. During enquiry, it had been found that the contraband was to be supplied to one Bharat, with mobile number 7742317426, and the two arrested accused persons were identified as Durg Singh of Jodhpur, Rajasthan and Matu Singh of Sewad Badi, Rajasthan.

Thereafter, one UBSI Zasilie Angami of Narcotic Cell PS, PHQ Kohima, Nagaland lodged a Suo Moto FIR with the Officer In-charge of Narcotic Police Station, Nagaland, Kohima, upon which a case, being Narcotic P.S. Case No. 6 of 2025, under Sections 21(c)/27A of the NDPS Act, read with Section 61 of BNS was registered, and the arrested accused persons were forwarded to judicial custody.

Thereafter, on 21.07.2025, the Superintendent of Police, Narcotic and Prohibition, Nagaland, Kohima had forwarded a proposal to the Superintendent of Police (SCRB) & Nodal Officer for Preventive Detention under Section 3 of the PITNDPS Act, 1988, PHQ, Nagaland, Kohima for detention of Durg Singh under Section 3(1) of the PITNDPS Act, 1988, upon which the Special Secretary to the Govt. of Nagaland, Home Department (Political Branch), Nagaland, Kohima had passed the impugned order No. CON/PITNDPS/19/2025/226, dated 07.10.2025 and Durg Singh i.e. the detenu was put under preventive detention und