CHINNEILHING HAOKIP @ NEOPI Vs. STATE OF NAGALAND

JUDGEMENT

(1.) The present writ petition under Article 226 of the Constitution of India is preferred on behalf of a detenu, Smti. Chinneilhing Haokip @ Neopi [hereinafter referred to as 'the detenu', for short] by the detenu's elder sister, Smti. Lhingneikim Haokip as the next friend to challenge a Detention Order bearing no. CON/PITNDPS/15/2024/69 dtd. 30/5/2024 passed by the Special Secretary to the Government of Nagaland, Home Department [the respondent no.2] as the Detaining Authority 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 PIT NDPS Act', for short] and all other consequential orders passed thereafter. By the Detention Order dt. 30/5/2024, the detenu was detained and kept in the District Jail, Dimapur for an initial period of 3 [three] months.

(2.) It appears relevant to delineate the previous events which purportedly led to the 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, Narcotic Police Station, Police Headquarters [PHQ], Nagaland, Kohima on 6/4/2024 by one Pangerlemba Sangtam, an Assistant Sub Inspector [ASI] attached to Narcotic Police Station, PHQ, Kohima stating inter-alia that on 5/4/2024, he and a team of police personnel were detailed for MVCP duty and accordingly, routine check-ings of vehicles were being carried out by the team at a place in between Khuzama and Vizwema, near Agri-Link Road. During such routine checkings, at around 20-00 hours on 5/4/2024, one vehicle bearing registration no. AS-03/T-4234 [Mahindra TUV - red colour] ['the subject-vehicle', for short] which was coming from Manipur side, was made to stop for checking. On checking, the subject vehicle was found to have the following three occupants including the driver, :-