Necessity of Swift Action Against Habitual Offenders – Detention Order Upheld Despite Delay in Execution: High Court of Delhi Affirms Preventive Detention under PITNDPS Act
In a significant judgment, the High Court of Delhi upheld the preventive detention order against Naushad Ali under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act (PITNDPS Act), rejecting his petition challenging the order.
The court focused on the legality of the preventive detention order issued under Section 3(1) of the PITNDPS Act. Despite the delay in executing the detention order, the court held that the detention was justified based on substantial evidence against Ali for trafficking narcotics and psychotropic substances.
Naushad Ali, proprietor of Shaad Medical Store and Kenway Pharmaceuticals Pvt. Ltd., was detained under the PITNDPS Act for his involvement in illicit drug trafficking. Ali challenged the detention order dated February 25, 2022, citing delays in execution and alleged violations of procedural norms.
The court meticulously examined the case, noting, “The grievous nature and gravity of offences committed by Naushad Ali in a well-planned manner clearly establishes his continued propensity and inclination to engage in such acts of prejudicial activities.” The court observed that Ali’s evasion from law enforcement contributed to the delay in executing the detention order and did not vitiate the purpose of the detention laws.
The court also noted that Ali was ”rovi’ed with the detention order and grounds while in custody, offering him a fair opportunity to challenge the detention. The representation to the Advisory Board was recognized as adequate for ensuring his rights under Article 22 of the Constitution.
The court concluded that the detention order was necessary and justified based on the evidence and Ali’s conduct. The petition and the pending application were dismissed, affirming the need to immobilize Ali to prevent him from engaging in illicit drug trafficking.
Date of Decision: February 20, 2024.
Naushad Ali Through Perokar Sahajad Ali vs. UOI & ORS.
