Preventive detention quashed for lack of subjective satisfaction: 8-year gap between cases, acquittal in one, incidental recovery during warrant execution fail to establish live proximate link to public order threat or need to detain beyond criminal prosecution.

Judgment :

Sujit Narayan Prasad, J.

Prayer:

1.This writ petition has been filed under Article 226 of the Constitution of India for quashing the order dated 13.05.2025 passed in F No.U-11011/33/2025-PITNDPS by the Joint Secretary, Govt. of India, Ministry of Finance, Department of Revenue, (PITNDPS Unit), New Delhi under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (as amended), by which the petitioner has been directed to be detained and kept in Lok Nayak Jaiprakash Narayan Central Jail, Hazaribag and the petitioner further prays for quashing the order dated 29.07.2025 passed in F.No. 11012/19/2025 PITNDPS by the Deputy Secretary, Govt. of India, Ministry of Finance, Department of Revenue, (PITNDPS Unit), New Delhi under Section 9(f) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988, by which the Central Govt. confirms the aforesaid detention order dated 13.05.2025 and further under Section 11 of the said Act petitioner has been directed to be detained for a period of one years from the date of his detention i.e., 02.06.2025.

Factual Matrix

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

3.It is stated in the writ petition that vide order dated 13.05.2025 passed by the Joint Secretary, Govt. of India, Ministry of Finance, Department of Revenue (PITNDPS Unit), New Delhi (Respondent No.2) in F-No. U- 11011/33/2025-PITNDPS U/s 3(1) of the Prevention of illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (as amended), the petitioner has been directed to be detained and kept in Lok Nayak Jaiprakash Narayan Central Jail, Hazaribag with a view to prevent him from engaging in illicit trafficking of narcotics drugs & psychotropic substances in future.

4.Thereafter, vide order dated 29.07.2025 passed in F-No. U-11011/19/2025-PITNDPS by the Deputy Secretary, Govt. of India, Ministry of Finance, Department of Revenue (PIINDPS Division), New Delhi (Respondent No.3) U/s 9(f) of the Prevention of illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988, the Central Govt. confirms the aforesaid detention order dated 13.05.2025 and further under Section 11 of the said Act, petitioner has been directed to be detained for a period of one year from the date of his detention i.e. 02.06.2025.

5.The sponsoring authority, NCB, Ranchi Zonal Unit in the PITNDPS Proposal has mentioned that there are two cases of NDPS Act, 1985 against the petitioner and they are

1. NCB Ranchi Crime No. 02/2024 dated 21.04.2024 and

2. NCB Ranchi Crime No. 01/2016 dated 18.05.2016.

6.It is alleged that on 20.04.2024, a team of NCB Ranchi visited the house of the petitioner at his old address to execute the NBWA issued against him in connection with NCB Ranchi crime No. 01/2016 and on 21.04.2024, the NCB team apprehended the petitioner at his new address at Chouparan and seized 275 grams of opium and Rs. 1,00,000/- cash from his conscious possession and in voluntary statement, he has admitted his guilt in trafficking opium and disclosed that he is main supplier of opium in small packets weighing 5-10 grams to truck drivers going towards Haryana and Punjab and further admitted to assisting his brother Naresh Tiwari in tra