Supreme Court Quashes Preventive Detention in Narcotics Case: Key Legal Insights

The Supreme Court of India has delivered a crucial judgment in the case of Mortuza Hussain Choudhary vs. The State of Nagaland, quashing the preventive detention orders issued against Ashraf Hussain Choudhary and his wife, Adaliu Chawang. The case involved allegations of illicit trafficking in narcotic drugs under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (PITNDPS Act). The Court ruled that the detention orders were unconstitutional due to procedural lapses and violations of the fundamental rights of the detenus.

Background of the Case

The case originated from a police operation on April 5, 2024, in Khuzama village, Nagaland. Three individuals, including Nehkhoi Guite (driver) and two women, Hoinu @ Vahboi and Chinneilhing Haokip @ Neopi, were arrested while traveling in a Mahindra TUV vehicle. Upon searching the vehicle, the police found 20 soap cases of heroin (weighing 239 grams) concealed in the gear lever cover.

The police registered FIR No. 005/2024 under Sections 22(b) and 60 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985. During interrogation, Chinneilhing Haokip @ Neopi implicated Adaliu Chawang, stating that she had previously supplied heroin and received payments for it. Based on this statement, the police arrested Ashraf Hussain Choudhary and Adaliu Chawang on April 12, 2024.

Issuance of Preventive Detention Orders

While the accused were in custody, the Investigating Officer submitted proposals for their preventive detention. The Additional Director General of Police (Administration), Nagaland, forwarded these proposals to the Special Secretary, Home Department, Government of Nagaland. Acting on these recommendations, the Special Secretary issued separate detention orders on May 30, 2024, under Section 3(1) of the PITNDPS Act, directing that the accused be detained for three months in Dimapur District Jail.

Key objections raised by the detenus in their representations dated June 12, 2024 included:

The detention orders were served in a language they did not understand.
They were already in custody and no material suggested their imminent release on bail.
The orders were issued mechanically, without application of mind.

The Special Secretary rejected their representations on June 13, 2024, and the Government of India also dismissed their appeals on August 27, 2024. Subsequently, the detention period was extended twice, from September 2, 2024, to March 2, 2025.

High Court Proceedings

Challenging their detention, Mortuza Hussain Choudhary, brother of Ashraf Hussain Choudhary, filed writ petitions before the Gauhati High Court. However, the High Court dismissed the petitions on August 29, 2024, affirming the validity of the detention orders.

Arguments Before the Supreme Court

Arguments by the Petitioner:

The detention orders violated Article 22(5) of the Constitution as they were not communicated in a language understood by the detenus.
There was no material to justify the assumption that they would be released on bail.
The authorities mechanically relied on the police recommendations without independent application of mind.
The orders were illegal as the detenus had not applied for bail, making their preventive detention unjustifiable.

Arguments by the Respondent (State of Nagaland):

The detenus had been involved in previous narcotics cases.
Their preventive detention was necessary to prevent them from engaging in illicit drug trafficking.
The Advisory Board found sufficient cause for their detention.
Even if they were not on bail, they would continue criminal activities upon release.

Supreme Court’s Observations and Verdict

The Supreme Court ruled in favor of the detenus, stating:

Detention orders lacked proper justification: The Court observed that the detaining authority did not provide a clear reason why the detenus would engage in criminal activity if released.
Language barrier violated legal rights: The detention orders were in English, a language not understood by the detenus.
No imminent release on bail: The detenus had not applied for bail at the time of their detention, making the preventive detention unjustified.
Mechanical approval of police recommendations: The Special Secretary failed to independently evaluate the necessity of detention, merely endorsing police recommendations.

Based on these findings, the Supreme Court:

Quashed the detention orders dated May 30, 2024.
Directed the immediate release of the detenus, unless they were required in any other case.
Set aside the Gauhati High Court judgment dated August 29, 2024.

Key Takeaways from the Judgment

This ruling reinforces legal safeguards against arbitrary preventive detention.
Authorities must ensure that detention orders are served in a language understood by the detenus.
The judgment establishes that preventive detention must not be based solely on police recommendations but must involve independent application of mind.
Courts must scrutinize whether imminent release on bail is a valid justification for preventive detention.

Conclusion

The Supreme Court’s decision in this case highlights the importance of legal protections in preventive detention matters. By striking down detention orders based on procedural lapses and lack of justification, the Court has reaffirmed the principle that preventive detention should not be used as a substitute for criminal prosecution. The ruling serves as a crucial precedent for future cases involving similar circumstances.

Petitioner Name: Mortuza Hussain Choudhary.
Respondent Name: State of Nagaland and others.
Judgment By: Justice Sanjay Kumar, Justice Augustine George Masih.
Place Of Incident: Nagaland.
Judgment Date: 05-03-2025.

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