MORTUZA HUSSAIN CHOUDHARY Vs. STATE OF NAGALAND

JUDGEMENT

(1.) Ashraf Hussain Choudhary and his wife, Adaliu Chawang, were subjected to preventive detention under Sec. 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (for brevity, 'the Act of 1988'), vide separate orders dtd. 30/5/2024 passed by the Special Secretary, Home Department, Government of Nagaland. Challenge thereto by Mortuza Hussain Choudhary, the brother of Ashraf Hussain Choudhary, by way of WP (Crl.) Nos. 10 and 11 of 2024 came to naught when the Gauhati High Court dismissed both the writ petitions on 29/8/2024. Hence, these appeals.

(2.) Preventive detention is a draconian measure whereby a person who has not been tried and convicted under a penal law can be detained and confined for a determinate period of time so as to curtail that person's anticipated criminal activities. This extreme mechanism is, however, sanctioned by Article 22(3)(b) of the Constitution of India. Significantly, Article 22 also provides stringent norms to be adhered to while effecting preventive detention. Further, Article 22 speaks of the Parliament making law prescribing the conditions and modalities relating to preventive detention. The Act of 1988 is one such law which was promulgated by the Parliament authorizing preventive detention so as to curb illicit trafficking of narcotic drugs and psychotropic substances. Needless to state, as preventive detention deprives a person of his/her individual liberties by detaining him/her for a length of time without being tried and convicted of a criminal offence, the prescribed safeguards must be strictly observed to ensure due compliance with constitutional and statutory norms and requirements.

(3.) We may briefly note the admitted facts in the cases on hand: Three individuals, viz., Nehkhoi Guite (the driver of the vehicle) and two ladies, Hoinu @ Vahboi and Chinneilhing Haokip @ Neopi, were apprehended by the police on the night of 5/4/2024 in Khuzama village area while travelling in a Mahindra TUV Vehicle. Upon search of the vehicle, 20 soap cases of Heroin were found concealed in the gear lever cover. The seized Heroin weighed 239 grams. Thereupon, Suo Motu FIR No. 005/2024 was registered on 6/4/2024 on the file of the Narcotics PS under Ss. 22(b) and 60 of the Narcotic Drugs and Psychotropic Substances Act, 1985. Upon interrogation, Chinneilhing Haokip @ Neopi implicated Adaliu Chawang and stated that she had supplied Heroin earlier also to Adaliu Chawang and received money. Ashraf Hussain Choudhary and Adaliu Chawang were arrested at Dimapur on 12/4/2024 and were remanded to custody.