RITA CHETRY Vs. STATE OF NAGALAND

JUDGEMENT

(1.) The present writ petition under Article 226 of the Constitution of India is preferred by the wife of the detenue, Sri Kumar Chetry, son of Late Ganesh Chetry, Village - Sukh-anjan, Post Office and Police Station - Bokajan, District - Karbi Anglong, Assam, who has been detained in the Central Jail, Dimapur pursuant to an Order dtd. 30/5/2024 passed by the Special Secretary to the Government of Nagaland, Home Department [the respondent no. 2] in exercise of the powers conferred by sub-sec. [1] of Sec. 3 of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 ['the PITNDPS Act', for short]. By the impugned Detention Order dtd. 30/5/2024, the detenue had been detained and kept in the Central Jail, Dimapur for an initial period of 3 [three] months.

(2.) It appears appropriate to delineate the events occurred prior to passing of the Order of Detention dtd. 30/5/2024, at first.

(3.) A First Information Report [FIR] [Suo Moto] was lodged before the Officer In Charge, Sub-Urban Police Station, Dim-apur on 21/4/2024 by one Sambak Mech, UBC, Sub-Urban Police Station, Dimapur stating inter-alia that at around 11-00 hours on 21/4/2024, an information was received from a reliable source about movement of drug peddlers at Rail Bazar area of Dimapur and accordingly, it was intimated to the superior officers. A team of Police personnel, headed by the ACP [West] and the Officer In-Charge, Sub-Urban Police Station, Dimapur conducted an operation at Rail Bazar area and after long pursuit, two persons were intercepted and they were - [i] Smti. Babi Sahu, and [ii] Sri Kumar Chetry. The informant further stated that on conducting body search, nine soap cases containing contraband, suspected to be Heroin [Sunflower], weighing 104.95 grams [approx.], were recovered from the possession of Smti. Babi Sahu. The informant further stated that on enquiry, Smti. Babi Sahu stated that those seized items belonged to Sri Kumar Chetry. The informant further mentioned that the arrested persons along with the seized items were produced at the Sub-Urban Police Station, Dimapur. The informant had requested the Officer In-Charge, Sub Urban Police Station, Dimapur to register a crime case against those two accused persons and to conduct a thorough investigation. On receipt of the said FIR, a crime case, Sub-Urban Police Station Dimapur Case no. 27 of 2024 was registered by the Officer In-Charge, Sub-Urban Police Station, Dimapur on 21/4/2024 for the offences under Sec. 21[b] of the Narcotic Drugs and Psychotropic Substances Act, 1985 ['the NDPS Act', for short] and entrusted the investigation of the case to one Sri Ramneek Gautam, IPS [Prob.].