VALIDAD KHAN @ MULLAH Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition has been filed under Article 226 of the Constitution of India, challenging the Detention Order dtd. 20/3/2025, bearing File No. U-11011/01/2025-PITNDPS, passed by the respondent no. 2 under Sec. 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (hereinafter referred to as the, „PITNDPS Act"), whereby the detention of the petitioner has been directed and he has been ordered to be kept in custody at the Central Prison, Puzhal, Chennai, on the ground that such detention is necessary with a view to preventing him from engaging in illicit trafficking of narcotic drugs and psychotropic substances in future.

(2.) In the grounds on which the Detention Order has been issued, it has been alleged that the petitioner is involved in three (03) criminal cases, that is, F.I.R. No. 43/2024 dtd. 25/2/2024 registered at P.S. Crime Branch, Delhi under Ss. 21/27A/29/31/32 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "NDPS Act"), in which he is presently in judicial custody; F.I.R. No. 223/2019 dtd. 8/12/2019 registered at P.S. Special Cell, Delhi under Ss. 21/29/61/85 of the NDPS Act, in which the trial against the petitioner is pending and he has been released on bail vide Order dtd. 1/12/2023; and F.I.R. No. 13/2013 dtd. 17/3/2013 registered at P.S. Special Cell, Delhi under Ss. 21/29/61/85 of the NDPS Act, in which he has been convicted and sentenced to undergo 12 years of rigorous imprisonment along with a fine of Rs.1,00,000.00. However, upon an appeal filed by the petitioner challenging the said conviction and sentence, the sentence has been suspended vide Order dtd. 20/3/2019.

(3.) The grounds of detention further make the following allegations against the petitioner: