Back
2024 Supreme(Online)(P&H) 51
HIGH COURT OF PUNJAB AND HARYANA
Vinod S. Bhardwaj, J
SADHA RAM @ BHAJNA RAM – Appellant
Versus
STATE OF HARYANA AND OTHERS – Respondent
CWP-22223-2023 (O&M)
Mr. Parminder Singh Sekhon, Advocate and Mr. Rajdeep Singh Gill, Advocate for the petitioner in CWP-22223-2023.
Preventive detention requires a live and proximate link to current threats; past conduct alone is insufficient for justifying detention under the Act.
Headnote:(A) Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 - Section 3 - Preventive detention - Proposal for detention of individuals involved in drug trafficking based on their criminal antecedents and ongoing illegal activities - The court found that the detention orders were based on stale incidents without a live link to justify preventive detention, violating mandatory safeguards. (Paras 64, 65, 68, 71, 72, 80, 82)
(B) The court emphasized the necessity of a proximate link between past conduct and the need for preventive detention, reiterating that past conduct alone cannot justify detention without evidence of imminent threat. (Paras 66, 70, 73)
(C) The court ruled that the orders of preventive detention were set aside due to lack of sufficient grounds and failure to demonstrate an urgent need for detention. (Paras 68, 71, 72, 80, 82)
Facts of the case:
The cases involved multiple individuals with documented histories of drug trafficking, including specific FIRs detailing their criminal activities and the nature of substances involved.
Findings of Court:
The court found that the detention orders were based on stale incidents and lacked a live link to justify preventive detention, thus violating legal safeguards.
Issues: The main issues were whether the detention orders had a proximate link to current threats and whether the grounds for detention were sufficient.
Ratio Decidendi: The court ruled that preventive detention requires a live and proximate link to current threats, and past conduct alone is insufficient for detention.
Result: The writ petitions were allowed, and the detention orders were set aside.
Whereas, the Director General of Police. Haryana vide letter dated 19.07.2023 has sent proposal for detention of Sh. Sadha Ram @ Bhajna Ram r/o Dera Chanchak Plot, Police Station Gulha District Kaithal under section 3 of the Prevention of illicit Traffic in Narcotic Drugs and Psychotropic Substances Act 1988 (for brevity the Act) along with dossier including letter of Superintendent of Police, Kaithal copies of FIRs, seizure memos, disclosure statements, inventory reports, FSL reports, statements of witnesses and copies of bail orders passed by the respective courts etc.
And whereas, on perusal of record forwarded by the Director General of Police, Haryana it emerges that Sh. Sadha Ram @ Bhajna Ram r/o Dera Chanchak Plot, Police Station Gulha, District Kaithal has been involved in many cases relating to illegal trafficking of psychotropic substances. The 85 of 141 ::: Downloaded on - 03-07-2024 21:41:30 :::
- details of cases along with status of the said cases against him are as under:-
- FIR No./ date, u/s, and P.S. Date of Arrest Bail or Custody Acquitted /Convicted Substance recovered 1. FIR No. 231 dated 08.11.1996 u/s 15 of NDPS at P.S. Guhla, District Kaithal 10.11.1996 --- Convicted by Trial Court but acquitted in appeal 595 Kilograms poppy husk was recovered from the possession of one Laftain Singh accomplice of Petitioner-Sadha Ram 2. FIR No. 146 dated 28.08.2003 u/s 15 of NDPS at P.S. Guhla, District Kaithal -- Convicted by Trial Court but acquitted in appeal.
280 kilograms poppy husk was recovered from the possession of Suba Singh and Sukha Singh accomplice of accused Sadha Ram 3. FIR No. 114 dated 29.08.2014 u/s 15 of NDPS at P.S. Dirbha District Sangrur.
01.11.2014 -- Acquitted 9.500 kilograms poppy husk was recovered from possession of accused Sadha Ram 4. FIR No. 120 dated 07.09.2014 u/s 15 of NDPS at P.S. Dirbha District Sangrur.
5. FIR No. 167 dated 24.10.2016 u/s 15, 22 of NDPS at P.S. Dirbha District Sangrur.
24.11.2016 --- Convicted 5-kilogram poppy husk 2000 intoxicating tablets were recovered from the possession of accused Sadha Ram 6. FIR No. 61dated 19.03.2021 u/s 18 (c), 29 of NDPS at P.S. Guhla, District Kaithal 19.03.2021 On bail Under Trial 55 Grams opium was recovered from co- accused Gurmukh So Sadha Ram and Rs.2000 drug money was recovered from him.
It has been reported that he i.e. Sh. Sadha Ram @ Bhajna Ram is habitual offender and is involved in possession, sale and transportation of narcotic drugs especially poppy husk, opium and intoxicating tablets. It has been further reported that he is engaged in this illegal trade since last 26 years and he was convicted in four cases by the trial court. Despite being 86 of 141 ::: Downloaded on - 03-07-2024 21:41:30 :::
- convicted and even after getting bad in the cases as per the details mentioned above, he has been actively involved in drug smuggling of psychotropic substances. The report further states that he is kingpin of village Dera Chanchak and many drug smugglers including his family members are working under him. It has been further reported that he is the main link of drug supply chain. He supplies drugs in the adjoining area of Punjab as his village is situated on the bordering area of Punjab and Haryana. It has also been reported that in cased FIR no. 71 dated 02.05.2023 under Section 18 (C) of ND&PS Act. Police Station Guhla, District Kaithal registered against one Ranjit Singh @ Jeetu, disclosure statement was suffered by the said accused Ranjit Singh that he supplies the contraband to different suppliers in the area of Guhla, Cheeka and adjoining border area of Punjab and Sadha Ram is one of the said suppliers, which shows that he is still active in sale and purchase of contraband. By referring the report of Security Branch, Kaithal and also the CID reports, it has been reported that he i.e. Sh. Sadha Ram @ Bhajna Ram is still active in trafficking of narcotic drugs, therefore there is urgent need to issue detention order against him with a vie
