A preventive detention order issued against a person in judicial custody is invalid unless the detaining authority explicitly records its subjective satisfaction regarding the likelihood of the detainee being released on bail, as mere suspicion of future illicit activity is insufficient to override custodial status.

Judgment :

K.R. Surana, J.

Heard Mr. Pakinrichapbo, learned counsel for the petitioner. Also heard Ms. Inaholi Wotsa, learned Govt. Advocate for the respondents.

2) By filing this writ petition under Article 226 of the Constitution of India, the petitioner has assailed the order dated 17.11.2025, passed by the Addl. Director General of Police, Nagaland, passed under Section 3(1) of the Prevention of Illegal Trafficking of Narcotic Drugs and Psychotropic Substances Act , 1988 [PITNDPS Act for brevity], thereby ordering detention of the petitioner for a period of three months. WP (Crl.) 8/2026.

3) On the basis of FIR dated 26.05.2025, lodged by an ASI of Police, Narcotic PS, PHQ, Kohima, Narcotic PS Case No. 8/2025 was registered under Section 21(c), 27A of the NDPS Act, 1985, read with Section 61 of the BNS, 2023. Accordingly, the petitioner was arrested by MVCP Duty Party between Khuzama village and Viswema Village. While the petitioner was in judicial custody, a proposal dated 03.10.2026, for detention of the petitioner was communicated by the Addl. Director General of Police (L&O), Nagaland, to the Special Secretary to the Govt. of Nagaland, Home Department (Political Branch) (respondent no.2) and while the petitioner was still in judicial custody, he was detained vide order dated under Section 3(1) of the PITNDPS Act, 1988 by the authority of the said respondent no.2 for an initial period of three months with a view to prevent him from engaging in illicit traffic in NDPS. The said detention order was served on the petitioner on the same date, i.e. 17.11.2025 along with grounds of detention, information to the detainee in connection with his detention. The relevant part of the grounds of detention is extracted below:-

“1. You, Henkhohao Lotjem are involved in the illegal possession and transportation of Narcotic Drugs and Psychotropic Substances. In the instant case, 50 (Fifty) soap cases of suspected heroin weighing approx. 541 (Five hundred forty-one) gms have been seized from your possession.

2. That your preventive detention is necessary to disrupt the existing NDPS network on a larger scale and provide a relief to the state of Nagaland struggling with the menace of drug abuse/ addiction.

3. Further, investigation has also revealed that you are actively engaging and dealing in illegal Narcotic Drugs and Psychotropic Substances; possession, sale, transportation and concealment of such psychotropic substances thus, confirming to acts under section 2(e) of PITDPS Act 1988.

4. That, there has been a huge public outcry concerning traffic of illicit drugs which is causing problems of abuse and addiction of all age groups especially that of teenage school children. You are suspected to be directly or indirectly involved in the intra and inter-State network of smuggling and trafficking of illicit drugs whereby luring youngsters to addiction, resulting in them becoming peddlers/ carriers for easy earnings.

5. That, you are presently under judicial custody. On the basis of material placed before me, I am satisfied that you are likely to indulge in similar prejudicial activities unless you are prevented from doing so by an appropriate order of preventive detention

6. That, if not detained you are likely to be released on bail and you will continue to be a threat to the peace and security of the state of Nagaland/ North Eastern and other States in the country and there is likelihood of you continuing in illicit traffic