Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act 1988 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988: s. 3(1) – Power to make orders detaining certain persons – FIRs against the appellant for the offences punishable u/ss. 22(b)/22(C)/29 and 21(B) of the NDPS Act, 1985 for illegal trafficking of the narcotic drugs and that he is a habitual offender – Detention order by the Government – Writ petition challenging the legality and validity of the detention order – Dismissed by the High Court – On appeal, held: There was delay in passing the order of detention from the date of proposal thereby snapping the “live and proximate link” between the prejudicial activities and the purpose of detention and failure on the part of the detaining authority in explaining such delay in any manner – Such delay unless satisfactorily explained throws a considerable doubt on the genuineness of the requisite subjective satisfaction of the detaining authority in passing the detention order and consequently render the detention order bad and invalid – Furthermore, the vital fact that the appellant detenu had been released on bail despite the rigours of s. 37 of the NDPS Act, was not brought to the notice and was withheld and the detaining authority was given to understand that the trial of those criminal cases was pending – Subjective satisfaction, formation of which is a condition precedent to passing of a detention order, gets vitiated if material or vital facts which would have bearing on the issue and weighed the satisfaction of the detaining authority one way or the other and influence his mind are either withheld or suppressed by the sponsoring authority or ignored and not considered by the detaining authority before issuing the detention order – Thus, the order of detention is quashed and set aside – Narcotic Drugs and Psychotropic Substances Act, 1985. |
Judge | Hon'ble Mr. Justice J.B. Pardiwala |
Neutral Citation | 2022 INSC 1053 |
Petitioner | Sushanta Kumar Banik |
Respondent | State Of Tripura & Ors. |
SCR | [2022] 13 S.C.R. 484 |
Judgement Date | 2022-09-30 |
Case Number | 1708 |
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