Detention orders under the PITNDPS Act can be upheld when communicated timely and justified despite delays in arrest, emphasizing the subjective satisfaction of authorities against habitual offenders.

Judgment :

Sujit Narayan Prasad, J.

1. This writ petition has been filed under Article 226 of the Constitution of India for quashing the order dated 14.08.2025 (Annexure-2) passed by respondent no.2, the Joint Secretary, Department of Revenue (PITNDPS UNIT), Ministry of Finance, Government of India, directing for detention of the petitioner under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (hereinafter to be referred to as the Act,1988) in Lok Nayak Jai Prakash Narayan Central Jail, Hazaribagh, Jharkhand.

2. During pendency of the instant writ petition, fresh order was passed on 12.12.2025 by which the detention has been extended for a period of one year from the date of detention, i.e. 26.09.2025 which has also been challenged by filing interlocutory application being I.A. No. 17251 of 2025 seeking amendment in the writ petition, in the pleading and prayer portion thereof.

3. The said interlocutory application was allowed vide order dated 22.12.2025. The amended writ petition has also been filed. The counter affidavit to the amended writ petition has also been filed.

Factual Matrix

4. The brief facts of the case as per the pleading made in the writ petition, which are required to be enumerated, read as under: -

5. It is the case of the petitioner that the respondent No. 2 has issued the order dated 14.08.2025 in exercise the power conferred under Section 3(1) PITNDPS Act, 1988 with a view to prevent the petitioner from engaging in Illicit Trafficking of NDPS in future and accordingly directed the petitioner to be detained and kept in Hazaribagh Jail. The grounds of detention have separately been issued on 14.08.2025 itself on the basis of the facts brought by the Sponsoring Authority that is Narcotic Control Bureau Ranchi Zonal Unit, wherein, reference of three criminal cases have been made which are as under: -

(i) NCB Ranchi Case No. 03/2020 dated 24.02.2020,

(ii) Senha P.S. Case No. 46/2024 dated 22.06.2024 and

(iii) Nagri P.S. Case No. 138/2024 dated 06.07.2024.

6. It is the case of the petitioner that in the said letter addressed to the petitioner, it has been mentioned that the authority has referred to and relied upon the document as mentioned in the enclosed list but surprisingly the said list has never been supplied to the petitioner. Further, the petitioner was directed to have right to represent against the detention to the detaining authority that is the Central Government as well as the Advisory Board, if he wishes to avail the right which was to be sent through the Jail Authorities.

7. It is the also the case of the petitioner that although the order of detention was passed on 14.08.2025 against the petitioner, however, the petitioner was apprehended on 26.09.2025 and since then the petitioner is being detained in the Central Jail, Hazaribagh.

8. Further, on 26.09.2025, although the signature was obtained on certain documents but neither the order of detention nor the grounds of detention as mentioned in detention order dated 14.08.2025 has been served upon the petitioner. However, when the brother of the petitioner after much searc