H. ABSALOM Vs. STATE OF NAGALAND

JUDGEMENT

(1.) This writ petition under Article 226 of the Constitution of India for a writ in the nature of habeas corpus is preferred by the petitioner who is a brother of a detenu, Sri Rockson Poumai, who has been detained in the Central Jail, Dimapur pursuant to an Order dtd. 9/5/2025 passed by the Special Secretary to the Government of Nagaland, Political Branch, 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 PIT-NDPS Act', for short]. Assail is also made to an Order dtd. 12/8/2025, passed by the Chief Secretary to the Government of Nagaland. By the Order dtd. 12/8/2025, the Chief Secretary to the Government of Nagaland [the respondent no. 1] on behalf of the State Government had confirmed the Detention Order dtd. 9/5/2025 and also extended the period of detention for another period of three months w.e.f. 13/8/2025 to 12/11/2025.

(2.) It is apposite to exposit the relevant and anterior events which occurred leading to the passing of the Order of Detention dtd. 9/5/2025, at first, and thereafter, the Order of Confirmation dtd. 12/8/2025.

(3.) On 25/2/2025, one Sri Vikishe Chophy, an Assistant Sub-Inspector of Police and In-Charge, Anti-Extortion Team [AET], Chumoukedima, Dimapur lodged a First Information Report [FIR] [Suo-Moto] before the Officer In-Charge, Chumoukedima Police Station stating inter-alia that at around 16-00 hours on 25/2/2025, an information was received from the Assistant Commissioner of Police [ACP], Chumoukedima that one suspected drug trafficker was travelling to Dimapur from Manipur via Chumoukedima and drugs would be carried out in a hidden compartment of a vehicle. On receipt of the information, a team proceeded to Patkai Bridge area for intercepting the drug trafficker. On reaching the place, checkings of motor vehicles were conducted and, in the process, the alleged drug trafficker, who was travelling in a Bolero Vehicle [Green colour] bearing registration no. NL02/C-9921 ['the subject-vehicle', for short], was identified. The drug trafficker and the subject-vehicle were brought to Chumoukedima Police Station for search. The informant mentioned that the provisions of Sec. 41[2], Sec. 42 and Sec. 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ['the NDPS Act', for short] were duly followed in the process. The informant stated that the subject-vehicle was thoroughly searched in presence of the Assistant Commissioner of Police [ACP], Chumoukedima and independent witnesses under videography and at around 17-00 hours, six soap cases, containing suspected drugs locally known as sunflower, were found concealed inside the gear liver of the subject-vehicle. Another twenty-four soap cases containing suspected drugs, sunflower were recovered from the backlight compartment of the subject vehicle. It was stated that the recovered soap cases were seized by preparing a seizure memo in presence of independent witnesses. On examining the apprehended person, he identified himself as Rockson Poumai, Son of Happymoon, resident of Lower Phaibung, Tadubi, Sub Division - Senapati Purul in the State of Manipur. The seized suspected drugs were found weighing 315 grams [approx.]. The apprehended person, Rockmoi Poumai and the seized suspected drugs were handed over with the FIR to Chumoukedima Police Station for further necessary action.