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Supreme Court of India 2022-09-30 allowed

Sushanta Kumar Banik vs State of Tripura & Ors

Bench: 3 — Uday Umesh Lalit, S. Ravindra Bhat, J.B. Pardiwala

In Brief

A man detained under the narcotic drug trafficking prevention law challenged his detention after being arrested for possession of heroin and MDMA tablets. The Supreme Court quashed the detention order on two grounds: first, there was an unexplained five-month delay between the police proposal and the government's detention order, breaking the required link between the reasons for detention and its purpose; and second, the government failed to inform the detaining authority that the man had already been released on bail by the criminal court despite strict bail restrictions in drug cases. The Court held that preventive detention authorities must act promptly and must be given all material facts that could affect their decision."

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Constitutional Law - Right to Personal Liberty Preventive Detention Narcotic Drugs and Psychotropic Substances Act Administrative Law - Procedural Safeguards Criminal Procedure

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