BABUL AHMED Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. R Ali, learned counsel for the petitioner, Mr. UK Goswami, learned CGC for the respondents No. 1 and 7 being the Union of India and Mr. D Nath, learned senior Government Advocate for the respondents No. 2, 3, 4 and 5 being the authorities in the Home and Political Department of the Government of Assam. The respondent No. 6 stands deleted from the array of respondents.

(2.) The petitioner Babul Ahmed, as per the order dtd. 16/3/2022 of the Commissioner and Secretary to the Government of Assam in the Home and Political Department on being satisfied that Babul Ahmed has been acting in a manner prejudicial to the provisions under the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short Act of 1985) by continuously indulging in illicit trade in narcotic drugs even after his arrest on several times, was detained under Sec. 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (in short PITNDPS Act 1988). Being aggrieved by the order of preventive detention dtd. 16/3/2022, the petitioner has instituted this writ petition.

(3.) It is needless to say that a preventive detention even under the PITNDPS Act, 1988 is also a preventive detention and therefore, all the rules and procedure that are required to be followed in order to place a person under preventive detention would also be applicable in case of a preventive detention under the PITNDPS Act, 1988.