Preventive detention cannot be punitive; authorities must seek bail cancellation if necessary to justify detention under the PITNDPS Act.

JUDGMENT :

1. Heard learned counsel for the parties. Perused the writ pleadings and the record therewith.

2. The petitioner, acting through his wife, is maintaining the present habeas corpus writ petition invoking article 226 of the Constitution of India in order to regain his lost personal liberty in the face of his ongoing preventive detention which has been carried out under the provisions of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act , 1988 (in short ‘PITNDPS Act, 1988’).

3. The preventive detention of the petitioner is based upon an Order PITNDPS No. 25 of 2024 dated 02.04.2024 passed by the respondent No. 2-Divisional Commissioner, Jammu which is being questioned in the present writ petition filed on 20.08.2024 after the petitioner had suffered almost four months in running of detention custody.

4. The case for preventive detention of the petitioner under PITNDPS Act, 1988 was, in fact, sponsored by the Senior Superintendent of Police (SSP), Udhampur who, vide his letter No. Conf./Dossier/170-73 dated 01.04.2024, submitted a dossier to the respondent No. 2-Divisional Commissioner, Jammu mentioning therein the alleged activities of the petitioner reckoned to be the ones falling within the mischief of section 3 of PITNDPS Act, 1988.

5. In the said dossier, the petitioner came to be referred as notorious drug peddler of Udhampur already involved in four criminal cases upon which the reference came to be made in the dossier.

6. The petitioner was alleged to be booked in an FIR No.159/2022 under sections 8/20/21 of the Narcotic Drugs and Psychotropic Substances Act , 1985 (in short, NDPS Act, 1985) registered by the Police Station, Rehmbal in which case the petitioner was reported to be undergoing trial. The petitioner’s involvement in an FIR No. 143/2023 for alleged commission of offences under sections 8/21/22 of NDPS Act, 1985 registered by the Police Station, Rehmbal was reported to be under investigation. The petitioner was reported to be an under-trial in connection with FIR No. 313/2023 under sections 8/21/22 of NDPS Act, 1985 registered by the Police Station, Udhampur. The petitioner was also reported to be an under-trial in connection with FIR No. 276/2023 for alleged commission of offences under sections 8/21/22/25/27-A/29 of NDPS Act, 1985 registered by the Police Station, Bari Brahmana.

7. Insofar as the status of bail of the petitioner in relation to the case under FIR No. 159/2022 is concerned, the petitioner was reported to be enlarged on bail by the Additional Sessions Judge, Udhampur in terms of an order dated 20.07.2022. The petitioner was reported to be on bail in relation to case under FIR No. 143/2023 by virtue of an order dated 26.05.2023 passed by the Additional Special Mobile Magistrate, Udhampur. The petitioner was also reported to be on bail in relation to the case under FIR No. 313/2023 by virtue of an order dated 14.08.2023 passed by the court of Additional Sessions Judge, Udhampur. With respect to the case under investigation in FIR No. 276/2023, the petitioner was reported to be again on bail in terms of an order dated 03.02.2024 passed by the Additional Sessions Judge, Samba.

8. In the backdrop of the aforesaid facts and circumstances by reference to the aforesaid four cases, the petitioner was reckoned to be a fit case for being booked for preventive detention in order to deter him from indulging in any illegal activities relating to the Narcotic Drugs and Psychotropic Substances Act , 1985.

9. Acting on the said dossier, the respondent No. 2-Divisional Commissioner, Jammu came to draw purported subjective satisfaction by formulating grounds of detention and came to a confirmed view that in order to prevent the petitioner from committing any offences under PITNDPS Act, 1988 and for securing the health and welfare of public at large, the petitioner’s detention was warranted and accordingly, by virtue of the impugned Order PITNDPS No. 25 of 2024 dated 02.04.2024, t