A detention order based on stale evidence and lack of current contraband involvement violates the principles of natural justice, necessitating immediate release of the detainee.

JUDGMENT

S.G. Chattopadhyay, J. - The Petitioner has been detained under Section 3 (1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 ('PIT NDPS Act' in short) by the order dated 09.09.2021 under No.F.15(9)-PD/ 2021(P-VII)/2545 on the purported grounds of nefarious activities in trafficking of NDPS and forming illegal business ring for proliferation of such activities. By means of such purported business which is grossly illegal, petitioner is stated to have enmassed huge properties. It would appear from the record that the detention order dated 09.09.2021 had been served on the petitioner on 24.09.2021. Involvement of the petitioner in Dharmanagar P.S. case No. 2018 DMN191 dated 16.12.2018 registered under Sections 20 (ii)(c) and 29 of the NDPS Act and the report of the Director General of Police proposing preventive detention of the petitioner were mainly considered by the detaining authority for forming the opinion for detention. Pursuant to the impugned detention order, petitioner Kalam Miah alias Kala has been undergoing preventive detention w.e.f 24.09.2021.

2. As stated, the detention order was issued on 09.09.2021 by the Secretary to the Government of Tripura in the Home Department which was served on the detenue on 24.09.2021 and he was detained on the same day i.e. 24.09.2021. Grounds of his detention are stated to be as under:

'Grounds for detention Kalam Miah S/O Sona Miah of Jalabazar, Yakubnagar, PS- Dharmanagar, North Tripura'

Following are the grounds for detention Kalam Miah S/O Sona Miah of Jalabazar, Yakubnagar, PS- Dharmanagar, North Tripura under Section 3 (1) of the Prevention of Illicit Traffic in Narcotic Drugs & Psychotropic Substances Act,1988.

[1] As per report of Director General of Police, Tripura, the aforesaid Kalam Miah S/O Sona Miah of Jalabazar ,Yakubnagar, P.S -Dharmanagar, North Tripura was involved in the following cases:-

(i) Dharmanagar PS Case No.2018DMN191 dated 16.12.2018 u/s 20(ii)(c)/29 of NDPS Act.

[2] Kalam Miah S/O Sona Miah of Jalabazar, Yakubnagar, PS- Dharmanagar, North Tripura has association with the smugglers of NDPS articles and illicit drug traffickers in connection with Dharmanagar PS Case No.2018DMN191 dated 16.12.2018 u/s 20(ii)(c)/29 of NDPS Act.

[3] He is a habitual offender and is continuously involved in illegal business of NDPS especially in Dharmanagar Sub-Divisional area and also actively transporting contraband items. As a result of his illegal activities there is a serious threat to the health and welfare of the people of Dharmanagar Sub-Divisional area specially the youths in particular. Kalam Miah is a dreaded and hard-core criminal and despite being arrested for the similar and other crimes on several occasions, he has not restrained himself from illegal trade of NDPS. Such kind of criminals are dangerous and detrimental for the society where several youths are falling prey to drug addiction without being aware of the evil consequences. If this type of clandestine but organized illegal business is carried on by Kalam Miah in this part of the State, there is very possibility of further deleterious effect to the youths group in adjoining area and the whole state in general to in a large magnitude. Drug addiction is a menace which completely destroy the individual mentally and physically which usually lead the drug user to resort to other crime like burglary, theft, Crime Against Women etc.

[4] The person is still ac