GAHC010188782025

2025:GAU-AS:17799-DB

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : W.P.(Crl.)/61/2025

SIBA BHUYAN @ SUJAL BHUYAN @ SHIVA BHUYAN

S/O LATE DULU BHUYAN, R/O BURIGANG, BALIPUKHURI, P.S. AND P.O.-

BISWANATH CHARIALI, PIN-784176, DIST- BISWANATH (ASSAM)

VERSUS

THE STATE OF ASSAM AND 7 ORS.

REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE

GOVERNMENT OF ASSAM, HOME AND POLITICAL DEPARTMENT, DISPUR,

GUWAHATI-781006, ASSAM

2:SECRETARY

HOME AND POLITICAL DEPARTMENT

GOVERNMENT OF ASSAM

2ND FLOOR

I-BLOCK

ASSAM SECRETARIATE

DISPUR-781006

DISPUR

GUWAHATI-781006

ASSAM

3:DEPUTY SECRETARY (PITNDPS DIVISION)

MINISTRY OF FINANCE

DEPARTMENT OF REVENUE

GOVT OF INDIA CHURCH ROAD

HUNTMENTS

NORTH BLOCK

NEW DELHI-110001

DELHI

4:THE CHAIRMAN ADVISORY BOARD PITNDPS ASSAM FLAT NO. 2 GROUND FLOOR A.A.I. BUILDING HEDAYATPUR MAGISTRATE COLONY GUWAHATI-781001 ASSAM

5:DIRECTOR GENERAL OF POLICE ASSAM DR. B.K. KAKOTI ROAD ULUBARI GUWAHATI-781007 ASSAM

6:DISTRICT COMMISSIONER BISWANTH P.O.- BISWANATH CHARIALI PIN-784176 DIST- BISWANATH ASSAM

7:SUPERINTENDENT OF POLICE BISWANATH P.O.- BISWANATH CHARIALI PIN-784176 DIST- BISWANATH ASSAM

8:SUPERINTENDENT OF DISTRICT JAIL BISWANATH P.O.- BISWANATH CHARIALI PIN-784176 DIST- BISWANATH ASSA Advocate for the Petitioner : MR. M RAHMAN, MD A RAHMAN Advocate for the Respondent : Mr. B. Goswami, Addl.A.G., ASSAM, MR. K K Parasar, CGC.

Date on which judgment was reserved : 20.11.2025 Date of pronouncement of judgment : 17.12.2025 Whether the pronouncement is of the Operative part of the judgment? : NA Whether the full judgment has been pronounced? : Yes ::: BEFORE :::

HON’BLE MR. JUSTICE SANJAY KUMAR MEDHI HON’BLE MR. JUSTICE PRANJAL DAS JUDGMENT & ORDER (CAV)

Pranjal Das (J)

1. Heard Mr. M. Rahman, learned counsel for the petitioner. Also heard Mr. B. Goswami, learned Addl. Advocate General and Mr. K.K.

Parasar, learned CGC appearing for the respondents.

2. The petitioner, Siba Bhuyan has filed the instant application under Article 226 of the Constitution of India seeking interference with the detention order dated 05.06.2025 vide Memo No. ECF-614967/67 issued by the Respondent No.2– Secretary, Home and Department, Government of Assam.

3. The facts in brief as contended by the petitioner, are that on

11.06.2025, he was served with a copy of the aforesaid detention order by the police personnel of Biswanath Chariali Police Station, who came to his house and took him to the quarter of the DSP, Biswanath Chariali where he was made to sign certain papers.

4. It is contended that the police personnel apart from serving a copy of the detention order, served his mother some illegible photocopies of case records. Thereafter, the petitioner was forwarded to Biswanath District Jail, where he is undergoing preventive detention at present.

5. In the detention order dated 05.06.2025 mentioned above, it is stated that the petitioner has been engaging in illegal and harmful activities of illicit business in narcotic drugs and repeated violations of the provisions under NDPS Act 1985. Reference of two police cases under the NDPS Act, pending against him has been given, those being – Biswanath Chariali PS Case No. 4/2022 under section 21(a)/29 of NDPS Act and Gingia PS Case No.49/2024 under section 21(b) NDPSAct, read with section 78 of the JJ Act.

6. It is further stated in the detention order that as intimated by the SP, Biswanath Chariali, in his letter dated 01.07.2024, the petitioner was found to be a repeated offender under various sections of NDPS Act and therefore, his preventive detention invoking the provisions of Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substance (hereinafter PIT NDPS) Act is necessary to break the network of drug supply in the district.

7. The grounds of detention vide ECF 614-967/64 dated

05.06.2025 are also on similar lines; that, as per confidential information, petitioner is involved in illicit trafficking of illegal drugs for last several years and involved