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2022 Supreme(Tri) 89

HIGH COURT OF TRIPURA AGARTALA
Indrajit Mahanty, S.G. Chattopadhyay, JJ.
Shri. Bishu Kumar Tripura & Ors. - Appellants
Versus
The State of Tripura & Ors. - Respondents
WP(C)(HC) No. 04 of 2021
Decided On : 16-03-2022

Advocates appeared:
Mr. Sankar Lodh, Adv, for the Appellant, Mr. S.S. Dey, Advocate General, Mr. Bidyut Majumder, Asstt. Sg, Mr. Ratan Datta, P.P, Mr. S. Debnath, Addl. P.P, Ms. A. Chakraborty, Adv, for the Respondent.

Preventive detention orders must consider all vital documents, including bail orders, as their omission can invalidate the order.

Headnote:(A) Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 - Section 3 - Preventive detention of the petitioner for alleged involvement in drug trafficking - The detenu's prior bail orders were not presented to the detaining authority, impacting the subjective satisfaction required for detention - The court emphasized that vital documents must be considered to inform the detaining authority's decision. (Paras 9, 10, 12, 24)

(B) Legal Principles - The necessity of applying preventive detention as distinct from recourse to ordinary law - The court indicated that preventive measures should not replace available criminal proceedings unless deemed insufficient. (Paras 29, 30)

(C)

Findings of Court:
The detention order was quashed due to failure to consider relevant bail orders, indicating a lack of application of mind by the detaining authority. (Paras 25, 26)

(D)

Issues: The court addressed whether the non-inclusion of bail orders impaired the detaining authority's subjective satisfaction, critical for lawful detention. (Para 15) (E)

Ratio Decidendi: The court established that vital material must inform the subjective satisfaction of the detaining authority, with failure to do so constituting grounds for quashing the detention order. (Paras 22, 24) (F)

Result: The detention order is set aside, and the detenu is directed to be released unless held under another valid legal provision.

Table of Content
1. details of the detention and grounds. (Para 1 , 2 , 3 , 5 , 6)
2. arguments against the preventive detention order. (Para 4 , 9 , 12)
3. court's analysis on legal standards for detention. (Para 10 , 11 , 13 , 20)
4. non-consideration of bail orders invalidates detention. (Para 21 , 24)
5. conclusion and order to set detenu free. (Para 25 , 26 , 27)

ORDER

S.G. Chattopadhyay, J. - The petitioner, hereinafter referred to as the detenu, has been detained pursuant to order No.F.15(9)-PD/2021(P-II)/2330 dated 20.08.2021 (Annexure-1 to this petition) issued by the Home Secretary to the Government of Tripura in exercise of powers conferred under sub section (1) of section 3 of Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988 (for short' PITNDPS' Act).

2. The grounds of detention as disclosed in the impugned order dated 20.08.2021 are as under:

[1]. From the records submitted by the Director General of Police, Tripura, it has appeared that Shri Bishu Kumar Tripura S/O Shri Malindra Tripura of Lalmaibari, Near Padmalochan High School, PS-Melagarh, Sepahijala District was involved in the following cases:

(i) Melagarh PS case No. 2020MLG028 dated 19.06.2020 under sections 148/149/ 353/325 / 427 / 307, IPC and section 3 of Prevention of Damage to Public Property Act and sections 20(b)(ii)(C)/29, NDPS Act.

(ii) Manu PS case No.2021MNU004 dated 30.01.2021 under sections 20(C)/29(i) of NDPS Act and, it has appeared that he is still operating through the help of his associates and supporters in transportation of NDPS articles.

[2]. The records have also disclosed that he is a repeated offender and is continuously doing illegal activities regarding transportation of NDPS articles. This is very dangerous for the society at large where several youths are heading towards drug addiction, which further decreases the national productivity in all walks of life. Despite arrest in different cases said Shri Bishu Kumar Tripura S/O Shri Malindra Tripura of Lalmaibari, Near Padmalochan High School, PS-Melagarh, Sepahijala District did not mend his ways and is continuously spoiling the future generation.

[3]. The person is still active in illicit trafficking of NDPS articles as revealed from field information but could not be arrested red-handed again and issue of detention order under PITNDPS will also help Police in initiating financial investigation laid down under Chapter-V(A) of NDPS Act.

[4]. It is essential to keep Shri Bishu Kumar Tripura behind the bars in the national interest since this drug addiction not only spoil the individual drug addict but also spoils the career of youths. Under the influence of drugs, youths are easily motivated toward social crimes which may further lead to communal violence, hatred among communities and even international tensions, since Tripura is having Indo-Bangladesh border. This drug addiction encourages youths to commit crimes like snatching, theft of bike, burglary, dacoit etc. when they need money to fulfill their urge for drug.

[5]. From the statement of witnesses and from the records, it has transpired that Shri Bishu Kumar Tripura has accumulated huge property at Bishramganj and Melagarh which appears to be disproportionate to his known source of income.

[6]. The Director General of Police, Tripura has proposed to prevent Shri Bishu Kumar Tripura S/O Shri Malindra Tripura of Lalmaibari, Near Padmalochan High School, PS-Melagarh, Sepahijala District from continuing his harmful and prejudicial activities by engaging himself in illicit traffic of narcotic drugs and psychotropic substances in the interest of society.

3. The detenu was made aware of the grounds of detention and copies of the documents relied on by the detaining authority along with the detention order was duly served on the detenu. He made a representation dated 28.08.2021 [Annexure-9 to the writ petition] to the detaining authority. The said representation was rejected by the State Government and the rejection

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