Preventive Detention not be used as an additional tool to limit Judicial Bail decisions

Nov11,2021 #Calcutta High Court

Swarna Shukla-

Published On: November 11, 2021 at 20:15 IST

The Calcutta High Court set aside an order of Preventive Detention passed under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substance Act, 1988 (PITNDPS Act).

The Petitioner and other accused persons were charged under the PITNDPS Act in connection with the recovery of 384.21 kg of Ganja on June 29, 2017.

A Bench consisting of Justices Rabindranath Samanta and Soumen Sen expressed strong reservations about the arbitrary use of powers to grant Preventive Detention Orders.

The Court further stated that Preventive Detention should not be misused to avoid judicial rulings granting bail.

The Petitioner was apprehended at Guwahati on June 29, 2017, in respect of consignment of 384.210 kg Ganja allegedly recovered from a truck and based on the statement of two persons named Md. Rafe and P. Shyam Singh. 

The Petitioner was arrested in relation to the recovery of 391.4 kg of Ganja on the basis of the statement of one Imtiyas Khan whose statement had been recorded under Section 67 of the NDPS Act.

Court further said, “Liberty of an individual is of paramount consideration and discretion should not be used as a ruthless master and any discretionary power exercised to curtail such fundamental rights must not be arbitrary or without any justifiable grounds. On such consideration, we set aside the order of the detaining authority and the opinion of the Central Advisory Board. The petitioner is set free forthwith.”

However, the Court made it clear that the instant Order would not have an effect on the trials pending before Malda and Kamrup Court and any order of custody passed in such proceedings.

Also Read:Whether the Preventive Detention Act, 1950 is ultra virus to Article 13, Article 19, Article 21, and Article 22 of constitution
What is the difference between Illegal Detention and Abduction?

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