In Brief
A detenu challenged his preventive detention under the PIT NDPS Act, 1988 for alleged drug trafficking involving heroin and yaba tablets. The Supreme Court quashed the detention order, holding that: (1) the five-month delay between the detention proposal (28 June 2021) and the actual order (12 November 2021) snapped the "live and proximate link" between the prejudicial activities and detention's purpose, lacking any explanation; and (2) the detaining authority was not informed that the appellant had been released on bail by the Special Court despite the rigours of Section 37 of the NDPS Act—a vital fact that would have influenced the decision. The Court found preventive detention to be a serious invasion of liberty requiring strict adherence to constitutional safeguards.
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