Preventive detention requires strict compliance with statutory safeguards and justifications for delay, ensuring protection against arbitrary deprivation of liberty.

JUDGMENT :

Sujit Narayan Prasad, J.

1. The present writ petition has been filed under Article 226 of the Constitution of India seeking therein for the following relief:

“For issuance of an appropriate writ(S), order(S) or direction(S) or writ in the nature of certiorari for quashing of Order dated 30/07/2025, contained in Memo No.18/PITNDPS- 09/2025-3087, Ranchi (Annexure-4) issued by the Respondent No.3 (Principal Secretary Home, Prison and Disaster Management Department Government of Jharkhand Ranchi) whereby and where under Respondent No.3, has been pleased to pass an order to arrest the petitioner and detained him in Birsa Munda Central Jail, Hotwar, Ranchi, under Provision of Section 3 (1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances, (PITNDPS) Act, 1988, as amended without assigning any reason and without specifying time of its enforcement and then further prayed before this Hon'ble court to direct Jail authority to release the petitioner forthwith as petitioner has already been granted bail in two other cases in which he was remanded.”

Factual Matrix

2. The brief facts of the case, as per the pleadings made in the writ petition, needs to be referred herein, which reads as under:

(i) It is the case of the petitioner that he was implicated in a case being Chakulia P.S. Case No. 35/2024 on 06/05/2024, registered for the offence under Sections 20 (b) (ii) (c)/22 (c), 25, 29 of NDPS Act, but subsequently coming to know about his involvement in the aforesaid case on the basis of confession of the apprehended accused, he surrendered before the trial court and subsequently he was granted bail by this Hon'ble Court in B.A. No. 10626 of 2024 on 17.12.2024.

(ii) However, before he could be released from the bail, he was remanded in connection with Mandu (Kuju) P.S. Case No.161/2022, registered for the offence under Sections 414/34 of I.P.C. and under Sections 20 (b) (ii) (c)/22 (c), 25, 29 of NDPS Act, but subsequently he filed an application for grant of bail before this Hon'ble Court in B.A. No.1877/2025 and bail was granted though the recovery was of commercial quantity.

(iii) Then, on being granted bail in Mandu (Kuju) P.S. Case No.161/2022, the petitioner was released on 31st July, 2025 from the Ramgarh Jail and was in his hotel. In the meantime, the police officer of the Chakulia police Station came and arrested him and sent to Birsa Munda Central Jail, Hotwar, Ranchi, without informing that why he has been arrested.

(iv) Subsequently, letter dated 30.07.2025, issued by the Respondent No.3, was served upon him inside the jail then he came to know that he has been detained under Section 3 (1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988.

3. Being aggrieved with the aforesaid order, the present petitioner approached this Court for quashing of the order dated 30.07.2025, as contained in Memo No.18/PITNDPS-09/2025-3087.

Submission on behalf of the writ petitioner:

4. Mr. Kripa Shankar Nanda, learned counsel appearing for the petitioner has taken the following grounds in assailing the impugned order: -

i. It has been contended that the order dated 30.07.2025 passed by the Principal Secretary, Home, Prison and Disaster Management is not sustainable in the eye of law as it has been passed without any authority of law.

ii. It has been contended that from perusal of the entire reco