SHAHID KHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner has sought quashing of detention order dtd. 27/5/2022[1] and also consequent confirmation order dtd. 12/8/2022[2] and has prayed for his release from the preventive detention passed under Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substance Act 1988 (in short PITNDPS Act).

(2.) Petitioner has sought revocation of the above impugned orders on the ground that these have been passed in a perfunctory manner and there is nothing to indicate that the concerned authority had recorded its due satisfaction indicating necessity of detaining him. It is claimed that since petitioner was already in judicial custody for substantial period and since there was no material to show that he had indulged in any prejudicial activity while under such incarceration, there was no reason or occasion to have passed the detention order. It is also claimed that there was nothing before the concerned authority to suggest that there was any likelihood of his getting released from the custody or suggesting propensity on his part to engage in illicit traffic in narcotic drugs and psychotropic substance once he was to be released. Reliance has been placed on S. Amutha Vs. The Govt. of Tamil Nadu and Ors. (2022) 2 CriCC 755; Pramod Singla Vs. Union of India and Ors. 2023 SCC OnLine SC 374; Sushanta Kumar Banik Vs. State of Tripura and Ors. Crl. Appeal No. 1708/2022; Sama Aruna Vs. State of Telangana and Anr. (2018) 12 SCC 150; T.A. Abdul Rahaman Vs. State of Kerala and Others (1989) 4 SCC 741; Dharmendra Suganchand Chelawat and Anr. Vs. UOI and Ors. (1990) Cri.L.J. 1232; Rashid Kapadia Vs. Medha Gadgil and Ors. (2012) 11 SCC 745; Ramlal Ratanlal Anjana Vs. UOI and Ors. 2002 SCC OnLine Bom 996; Nutan J. Patel (Ms.) Vs. S.V. Prasad and Anr. (1996) 2 SCC 315; Amritlal and Ors. Vs. Union Govt. through Secretary Ministry of Finance and Ors. (2001) 1 SCC 341, Dharampal Verma Vs. UOI and Ors. 2002 SCC OnLine Del 1186; Kamleshkumar Ishwardas Patel Vs. UOI and Ors. 1995 4 SCC 51 and Bachan Singh Vs. UOI and Ors. 1990 SCC OnLine Del 245.

(3.) Let us note the facts germane to the disposal of present writ petition.