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THE GAUHATI HIGH COURT AT GUWAHATI (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Kakheto Sema, MR. JUSTICE KARDAK ETE, JJ
Shri Sarunao Shangreingam, Husband Of Smti. Sara Asongliu – Appellant
Versus
State Of Nagaland – Respondent
W.P.(Crl.) 27/2024
(A) Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 - Section 3(1) and Section 9(f) - Detention order challenged - Detenue detained for engaging in illicit drug trafficking - Court upheld detention order, finding sufficient grounds for preventive detention based on subjective satisfaction of authorities. (Paras 2, 9, 24, 32)
(B) Preventive Detention - Legal standards - Preventive detention laws must be exercised sparingly and with adherence to procedural safeguards - Detention upheld despite the detenue being in judicial custody, as likelihood of engaging in illicit activities was established. (Paras 10, 22, 30)
Facts of the case:
The petitioner challenged the detention of his wife under the PITNDPS Act, asserting that the detention was unwarranted as she was already in judicial custody and had not applied for bail. The detenue was arrested with a significant quantity of narcotic drugs and was suspected of being involved in a broader drug trafficking network.
Findings of Court:
The court found that the detaining authority had complied with all procedural requirements and that the grounds for detention were valid, emphasizing the need for preventive measures against drug trafficking.
Issues: The main issues included whether the detention was justified given the detenue's judicial custody and whether the authorities had sufficient grounds to believe she would engage in illicit activities if released.
Ratio Decidendi: The court ruled that the subjective satisfaction of the detaining authority was sufficient to uphold the detention order, despite the detenue's current custody status, as there was a reasonable likelihood of her engaging in further illicit activities.
Result: Writ Petition dismissed.
JUDGMENT :
Kardak Ete, J.
Heard Mr. I. Imchen, learned counsel for the petitioner. Also heard Ms. Inaholi Wotsa, learned State Counsel, for the State respondent Nos. 1 and 2, and Mr. Z.N. Ngullie, learned Central Government Counsel, for the respondent No. 3.
2. This writ petition is filed by Shri Sarunao Shangreingam, claims to be the husband of Smti. Sara Asongliu (detenue) challenging the impugned detention order No.CON/PITNDPS/26/2024/163, dated 29.08.2024, passed by the Special Secretary to the Govt. of Nagaland, by which the detenue has been detained in exercise of power under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988 (hereinafter referred to as 'the PITNDPS Act, 1988' in short) and the confirmation order No.CON/PITNDPS/26/2024/230, dated 27.11.2024, passed by the Chief Secretary to the Govt. of Nagaland, confirming the detention order dated 29.08.2024 of the detenue, thereby extended the period of detention for another three (3) months w.e.f. 01.12.2024 till 28.02.2025, in exercise of power under Clause (f) of Section 9 of the PITNDPS Act, 1988.
3. The brief facts of the case is that on 06.07.2024, at around 09:30 A.M., a written FIR was received from THC Tokihe Achumi, AET, Dimapur, stating that on 05.07.2024, at around 20:30 hrs., information was received from reliable source about possible suspects of NDPS smuggling at Dhobinallah Police Point, next to Zeliangrong Village welcome gate. In this regard, ACP West Dimapur was informed and the GD entry was also made at West Police Station. After intimation of the information to Superior Officers, a joint operation team was formed wherein AET, Dimapur along with ACP West and West Police Station party proceeded to the said area, and took respective positions and cordoned the suspected exchange point. However, the exchange point was changed to G.S. Road, and thereupon, the whole team proceeded to G.S. Road area. The point of exchange was again changed to Railway Station, Dimapur; and lastly, the point of exchange was confirmed at Haralu Colony. After final confirmation of the exchange point, ACP East/OC East Police Station was duly informed and due GD entry was also made. Thereafter, the operation team then proceeded to Haralu Colony and after conducting surveillance of the colony, identified the exchange point to House No.27-B, Haralu Colony which falls under East Police Station, Dimapur.
4. Accordingly, Dimapur East Police Station party and the operation team cordoned the apartment and apprehended two persons namely, (1) Mrs. Athui Zeliang and (2) Mrs. Sara Asongliu (detenue herein) on 06.07.2024 for possession of suspected Narcotic Drugs and Psychotropic Substances (in short NDPS). Upon arresting the suspected persons, the Gaon Burah and the Chairman of Haralu Colony were duly informed and search of the house was conducted in their presence. Upon thorough checking by women police personnel in the presence of Gaon Burah and Chairman of Haralu colony, 49 Nos. of soap cases containing suspected drugs (sunflower) was seized from the detenue which were concealed inside black carry bag and 50 Nos. of soap cases containing suspected drugs (sunflower) was also seized from Mrs. Athui Zeliang concealed in a green gunny (rice) bag. A total of 99 (Ninety nine) boxes (soap cases) of suspected NDPS (sunflower) were seized from the possession of the above two individuals.
5. All 99 (Ninety nine) boxes (soap cases) of suspected NDPS were weighed in the presence of Gaon Burah and the Chairman of Haralu Colony and found to be weighing around 1163 (one thousand one hundred sixty three) grams approx. Further, all the mobile Phones (4 in numbers) of the four persons were also seized for further investigation. Three more suspected persons were also arrested. Accordingly, the Officer-in-Charge, Dimapur, East Police Station, taking cognizance of the offence, registered a case vide East P.S. Case No. 0111/24, under Section 21(C) of the NDPS Act
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