Detention orders must be based on complete and relevant information; reliance on prior acquittals invalidates the basis for detention.

ORDER :

Ananda Sen, J.

By way of this Criminal Writ Petition under Article 226 of the Constitution of India in the nature of certiorari, the petitioner has challenged the impugned detention order (Number-18/PITNDPS-07/2024-2453) dated 19.04.2024 passed by respondent No.2, wherein by exercising powers under Section 3(3) of The Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (PITNDPS Act), the order of detention has been passed against the petitioner.

2. Learned counsel representing the petitioner argues that the detention order has been passed without application of mind. It is his contention that the criminal cases filed under the NDPS Act, wherein the petitioner was tried ended in acquittal, that being so the entire allegation against the petitioner that he is involved in dealing with drugs and narcotic substances, is without any basis. So far as the reference of some Station Diary Entries are concerned, those admittedly did not culminate in any F.I.R. or proceedings against the petitioner, thus, they cannot form a basis of passing the detention order. On these grounds, he challenges the impugned order.

3. Learned AAG Mr. Ashutosh Anand, representing the respondent-State submitted that the order has been passed under the provisions of Section 3 of The Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988. The order is not cryptic and assigns reason as to why the order of detention has been passed against the petitioner. The Deputy Commissioner, Chatra, forwarded a proposal for detention of the petitioner invoking the provisions of the aforesaid Act to the Secretary, Department of Home, Prison and Disaster Management, Jharkhand, and the grounds of detention has been mentioned therein.

As per the State, the petitioner is a professional and well known brown sugar smuggler and due to the act of this petitioner and others attached with him, the entire image of the State has been tarnished. It is not only this petitioner but also his family members including his brother are involved in a drug racket. There are several criminal cases pending against the petitioner and even after his release on bail, the petitioner gets involved in dealing with narcotic and psychotropic substances. Thus, it was necessary to pass a detention order against the petitioner. The grounds for detention was served upon the petitioner and after consideration of all the facts, a reasoned order has been passed which should not be interfered with.

4. We have heard the learned counsel representing the petitioner and learned AAG representing the State.

5. The impugned order has been passed against the petitioner detaining him by invoking Section 3 of The Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (hereinafter referred to as ‘PITNDPS Act’). The impugned order has been placed on record as Annexure-1 to this Criminal Writ Petition.

6. The PITNDPS Act, was promulgated to provide for detention to prevent illicit traffic of narcotic drug and psychotropic substances and for the matters connected thereto with a view to prevent any person from engaging any illicit trafficking of narcotic drugs and psychotropic substances. A detention order can be passed in terms of Section 3 of the PITNDPS Act. In terms of Section 3, the power is vested upon the Central Government or the State Government or any Officer of the Central Government not below the rank of Joint Secretary to that Government specially empowered for that purpose or any officer of the State Government not below the rank of Secretary of that Government specially empowered for the purpose to pass an order of detention. As per Section 3, the said officer while passing the order of detention must be satisfied that the person against whom the detention order is being passed is engaged in illicit traffic in narcotic drug and psychotropic substance.

7. It is necessary to quote Section 3(1) of the PITNDPS Act for better a