Sushanta Kumar Banik Versus State of Tripura & Ors

Sushanta Kumar Banik Versus State of Tripura & Ors

Landmark Cases of India / सुप्रीम कोर्ट के ऐतिहासिक फैसले

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REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 1708 OF 2022

(Arising out of S.L.P. (Criminal) No. 6683 of 2022)

Sushanta Kumar Banik …Appellant(s)

Versus

State of Tripura & Ors. …Respondent(s)

J U D G M E N T

J.B. PARDIWALA, J.

1. Leave granted.

2. This appeal is at the instance of a detenu detained under

Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and

Psychotropic Substances Act, 1988 (for short, ‘PIT NDPS Act’) and

is directed against the judgment and order passed by the High

Court of Tripura at Agartala dated 01.06.2022 in Writ Petition

(Civil) No. 6 of 2021 by which the High Court rejected the writ

application filed by the appellant herein questioning the legality

and validity of the detention order passed by the Government of

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Tripura dated 12.11.2021 and thereby affirming the order of

detention.

3. It all started with a proposal dated 28th of June, 2021

submitted by the Superintendent of Police, West Tripura District,

Sub-Divisional Police Officer, Amtali, West Tripura to the

Superintendent of Police (C/S), West Tripura, Agartala with a

request to move the appropriate authority for passing an

appropriate order of detention under the provisions of the

PIT NDPS Act.

4. The proposal reads thus:-

“GOVERNMENT OF TRIPURA

OFFICE OF THE SUB DIVISIONAL POLICE OFFICER

WEST TRIPURA, AGARTALA

No. 1445/SDPO(AMT)/21

To Dated, 28th June, 2021

The Superintendent of Police (C/S),

West Tripura, Agartala.

Subject: Proposal for Preventive Detention order of

accused Susanta Kumar Banik, S/o. Lt. Shanti Ch.

Banik of Siddhiashram, Badharghat, Kalimata Sangha,

near Railway Station, PS Amtali, West Tripura U/-3 of

PIT NDPS Act, 1988.

Sir,

With reference to the subject cited above, it is

to inform that I am submitting a proposal for issuance

of preventive detention order against the accused

Susanta Kumar Banik, S/o. Lt. Shanti Ch. Banik of

Siddhiashram, Badharghat, Kalimata Sangha, near

Railway Station, PS-Amtali, West Tripura U/-3 of PIT

NDPS Act, 1988.

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Ongoing through the proposal and the relevant

records collected from various sources, the following

grounds have been found for detention of Susanta

Kumar Banik, S/o. Lt. Shanti Ch. Banik of

Siddhiashram, Badharghat, Kalimata Sangha, near

Railway Station, PS-Amtali, West Tripura U/-3 of PIT

NDPS Act, 1988.

1. Sri Susanta Kumar Banik, S/o. Lt. Shanti Ch. Banik

of Siddhiashram, Badharghat, Kalimata Sangha, near

Railway Station, PS-Amtali, West Tripura was charge

sheeted in Amtali PS Case No. 2019/AMT/208 dated

05/11/2019 U/S 22(b)/22(C)/29 of NDPS Act, 1985

which was registered following seizure of 92 gm brown

sugar (Heroin) & 7600 nos yaba tablets. Investigation of

the case has revealed that he is involved in running of

illegal business of narcotic drugs throughout the State

and outside the State. The subject was arrested on

05/11/2019 and forwarded to the Ld. Court. He has

already been charge sheeted in this case vide Amtali PS

C/S No. 11/20 dated 09/02/2020 (Copy of FIR, seizure

list, inventory, arrest memo, SFSL report, statement of

witnesses are enclosed).

2. Sri Susanta Kumar Banik, S/o. Lt. Shanti Ch. Banik

of Siddhiashram, Badharghat, Kalimata Sangha, near

Railway Station, PS-Amtali, West Tripura again got

involved in East Agartala PS Case No. 2021 EAG 052

dated 25/04/2021 U/S-21(B)/29 of NDPS Act wherein

on 25/04/2021 the said Susanta Kumar Banik S/o Lt.

Santi Ch. Banik was again caught red handed while

dealing with NDPS substance near Badharghat Railway

Station. One pouch filled with suspected heroin was

recovered from his possession along with cash

Rs.20,400/- & a android mobile. It has made very much

clear that the said Sushanta Kumar Banik is a habitual

drug dealer and sells drug to youths hence running the

lives of young fellows as well as the entire society as a

whole. The investigation of the above referred case is

under progress and the said Susanta Kumar Banik is

learned to be in Judicial Custody.

In view of the above it can be stated that Sri

Susanta Kumar Banik is a kingpin in illegal trafficking

of narcotic drugs inside the state as well as outside the

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state. He did not stop his illegal activities of narcotics

drugs and psychotropic substances even after his arrest

in previous case vide Amtali PS Case No. 208/19 and

East Agartala PS Case No. 52/2021. It shows his

determination is to continue his illegal NDPS business.

It is further mentioned that illicit trafficking in narcotic

drugs and psychotropic substances caused a serious

threat to the health and welfare of the people and to

protect the society from this menace it is required to take

stern action against the subject.

The appropriate authority may please be moved to

issue detention order against Susanta Kumar Banik,

S/o. Lt. Shanti Ch. Banik of Siddhiashram, Badharghat,

Kalimata Sangha, near Railway Station, PS-Amtali, West

Tripura U/s-3 of PIT NDPS Act, 1988 to prevent him

from engaging in illicit trafficking of narcotic drugs and

psychotropic substances further.

Yours sincerely,

Enclo: List of relied documents. Sd/- 28/6/21

(Anirban Das)

 Superintendent of Police,

 West Tripura District,

 Sub-Divisional Police Officer

 Amtali, West Tripura.”

5. The Secretary (Home Department), Government of Tripura

acting on the proposal dated 14.07.2021 forwarded by the Director

General of Police proceeded to pass the detention order dated

12.11.2021 which reads thus:

“No. F. 15(9)- PD/2021(III)

GOVERNMENT OF TRIPURA

HOME DEPARTMENT

12th November, 2021

O R D E R

Whereas, the Director General of Police has sent

a proposal for detention of Shri Sushanta Kumar Banik,

S/o. Lt. Shanti Ch. Banik of Siddhiashram,

Badharghat, Kalimata Sangha, near Agartala Railway

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Station, PS-Amtali, West Tripura under PITNPS Act,

1988 along with records under Section 3(1) of the

Prevention of Illicit traffic in Narcotic Drugs and

Psychotropic Substances Act, 1988.

AND

Whereas, on perusal of records as submitted by

the Director General of Police, Tripura, it appears that

Shri Sushanta Kumar Banik, S/o. Late Shanti Ch.

Banik of Siddhiashram, Badharghat, Kalimata Sangha,

near Agartala Railway Station, PS-Amtali, West Tripura

under PITNPS Act. 1988 was involved in the following

cases :-

(i) Amtali PS Case No. 2019/AMT/208 dated

05.11.2019 22(b)/22(C)/29 of NDPS Act, 1985.

(ii) East Agartala PS Case No. 2021 EAG 052 dated

25.04.2021 U/S 21(B)/29 of NDPS Act.

AND

Whereas, he has association with the smugglers

of NDPS articles and illicit drug traffickers in connection

with Amtali PS Case No. 2019/AMT/208 dated 05/

11/2019 U/S 22(b)/22(C)/29 of NDPS Act, 1985 and

East Agartala PS Case No. 2021 EAG 052 dated

25/04/2021 U/S - 21(B)/29 of NDPS Act.

AND

Whereas, the person is still active in illicit

trafficking of NDPS articles revealed from field

information but could not be arrested red-handed again

and issue of detention order under PITNDPS will also

help Police in initiating financial investigation laid down

under Chapter-V(A) of NDPS Act.

AND

Whereas, Shri Sushanta Kumar Banik, S/o. Late

Shanti Ch. Banik of Siddhiashram, Badharghat,

Kalimata Sangha, near Agartala Railway Station, PSAmtali, West Tripura was charge sheeted in Amtali PS

Case No. 2019/AMT/208 dated 05.11.2019 U/S

22(b)/22(C)/29 of NDPS Act, 1985 which was registered

following seizure of 92 gm brown sugar (Heroin) and

7600 nos yaba tablets. Investigation of the case has

revealed that he is involved in running in illegal

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business of narcotics drugs throughout the State and

outside the State.

AND

Whereas, he is a kingpin in illegal trafficking of

narcotic drugs inside the State as well as outside the

State. He did not stop his illegal activities of narcotics

drugs and psychotropic substances even after his arrest

in previous case vide Amtali PS Case No. 208/19 and

East Agartala PS Case No. 52/2021. It shows his

determination is to continue his illegal NDPS business.

Illicit trafficking in narcotic drugs and psychotropic

substances caused a serious threat to the health and

welfare of the people and to protect the society from this

menace it is required to take stern action against the

person.

AND

Whereas, Director General of Police, Tripura has

proposed to prevent Shri Sushanta Kumar Banik, S/o.

Late Shanti Ch. Banik of Siddhiashram, Badharghat,

Kalimata Sangha, near Agartala Railway Station, PSAmtali, West Tripura from continuing his harmful and

prejudicial activity by engaging in illicit traffic of

narcotic drugs and psychotropic substances in the

interest of society.

AND

Now, therefore, the undersigned, being the

specially empowered officer of the State Government in

exercise of powers conferred by sub-section (1) of

section (3) of the Prevention of Illicit Traffic in Narcotic

Drugs and Psychotropic Substances Act, 1988 and

careful examination of the proposal of the Director

General of Police, Tripura and other supporting

documents, found sufficient grounds for detention of

Shri Sushanta Kumar Banik and being satisfied that

with a view to preventing him from engaging in illicit

traffic in NDPS, it is necessary to detain him and

accordingly it is directed for detention of Shri Sushanta

Kumar Banik S/o. Late Shanti Ch. Banik of

Siddhiashram, Badharghat. Kalimata Sangha, near

Agartala Railway Station, PS-Amtali, West Tripura.

It is mentioned that the accused Shri Sushanta

Kumar Banik S/o. Late Shanti Ch. Banik of

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Siddhiashram, Badharghat, Kalimata Sangha, near

Agartala Railway Station, PS-Amtali, West Tripura may

submit his representation to the Central/State

Government against this order of detention. Such

representation may be submitted to the undersigned for

onward transmission to the Central/State Government.

The accused is to be informed that he will get all

reasonable opportunity for making representation

against this order to the Central/State Government, he

may therefore state to the undersigned what

opportunity he needed for this purpose. The accused is

to be appraised of his right to make representation

before the undersigned against this detention order. The

accused is to be informed that he also has a right to be

heard before the Advisory Board.

The concerned Superintendent of Central

Jail/District Jail/Sub-Jail is requested to depute a

responsible officer at the time of effecting detention

order to the addressee who will explain in details the

contents of this order along with grounds of detention.

Even assistance of another Government official or any

other person may be taken to brief him about the order

etc. in the language which the said accused person

understands in presence of two witness on receipt

signature or thumb impression in token from the

accused.

The concerned Superintendent of Central

Jail/District Jail/Sub-Jail is directed to extend all

assistance to the accused in making representation to

the concerned authority. The assistance provided by the

Superintendent of Central Jail/District Jail/Sub-Jail

may include stationary and any other items as desired

by the accused. The Superintendent of Central

Jail/District Jail/Sub-Jail will also provide a literate

person who shall assist the accused, if he is not literate,

in drafting the representation to the Central/State

Government.

Sd/- 12.11.2021

(A. Roy)

Secretary to the

 Government of Tripura”

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6. Thus, from the aforesaid, it appears that the order of

preventive detention came to be passed essentially on the ground

that in the past two First Information Reports (FIR) were registered

against the appellant herein for the offences punishable under

Sections 22(b)/22(C)/29 and 21(B) resply of the Narcotic Drugs

and Psychotropic Substances Act, 1985 (for short, ‘NDPS Act,

1985’) and is a habitual offender. The first FIR is dated 05.11.2019

and the second FIR is dated 25.04.2021. At the end of the

investigation of the FIR dated 05.11.2019, the charge sheet came

to be filed and the trial is pending as on date. The investigation so

far as the FIR dated 25.04.2021 is concerned, the same is shown

to have been pending on the date of the proposal. However, what

is important to note is that in both the aforesaid cases registered

under the NDPS Act, 1985, the appellant herein was ordered to be

released on bail by the Special Court, Tripura.

7. The appellant questioned the legality and validity of the

detention order by filing the Writ Petition (Civil) No. 6 of 2021 in

the High Court of Tripura at Agartala. The High Court vide the

impugned judgment and order dated 01.06.2022 rejected the writ

application thereby affirming the order of preventive detention.

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8. In such circumstances referred to above, the appellant

(detenu) is before this Court with the present appeal.

ANALYSIS:

9. We have heard Ms. Madhumita Bhattacharjee, the learned

counsel appearing for the appellant detenu and Mr. Nachiketa

Joshi, the learned counsel appearing for the State of Tripura.

10. Manifold contentions have been raised by the learned counsel

appearing on both the side.

11. We are persuaded to allow this appeal on the following two

grounds:

(i) 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 & failure on the

part of the detaining authority in explaining such delay in any

manner.

(ii) The detaining authority remained oblivious of the fact that in

both the criminal cases relied upon by the detaining authority for

the purpose of passing the order of detention, the appellant detenu

was ordered to be released on bail by the special court. The

detaining authority remained oblivious as this material and vital

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fact of the appellant detenu being released on bail in both the cases

was suppressed or rather not brought to the notice of the detaining

authority by the sponsoring authority at the time of forwarding the

proposal to pass the appropriate order of preventive detention.

DELAY IN PASSING THE ORDER OF DETENTION

12. We may recapitulate the necessary facts which have a bearing

so far as the issue of delay is concerned. The proposal to take steps

to preventively detain the appellant at the end of the

Superintendent of Police addressed to the Superintendent of Police

(C/S) West Tripura, Agartala is dated 28th of June 2021. The

proposal in turn forwarded by the Assistant Inspector General of

Police (Crime) on behalf of the Director General to the Secretary,

Home Department is dated 14.07.2021. The order of detention is

dated 12th of November, 2021. There is no explanation worth the

name why it took almost five months for the detaining authority to

pass the order of preventive detention.

13. There is indeed a plethora of authorities explaining the

purpose and the avowed object of preventive detention in express

and explicit language. We think that all those decisions of this

Court on this aspect need not be recapitulated and recited. But it

would suffice to refer to the decision of this Court in Ashok Kumar

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v. Delhi Administration and Ors., (1982) 2 SCC 403, wherein

the following observation is made:

“Preventive detention is devised to afford protection to

society. The object is not to punish a man for having

done something but to intercept before he does it and to

prevent him from doing.”

14. In view of the above object of the preventive detention, it

becomes very imperative on the part of the detaining authority as

well as the executing authorities to remain vigilant and keep their

eyes skinned but not to turn a blind eye in passing the detention

order at the earliest from the date of the proposal and executing

the detention order because any indifferent attitude on the part of

the detaining authority or executing authority would defeat the

very purpose of the preventive action and turn the detention order

as a dead letter and frustrate the entire proceedings.

15. The adverse effect of delay in arresting a detenu has been

examined by this Court in a series of decisions and this Court has

laid down the rule in clear terms that an unreasonable and

unexplained delay in securing a detenu and detaining him vitiates

the detention order. In the decisions we shall refer hereinafter,

there was a delay in arresting the detenu after the date of passing

of the order of detention. However, the same principles would apply

even in the case of delay in passing the order of detention from the

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date of the proposal. The common underlying principle in both

situations would be the “live & proximate link” between the

grounds of detention & the avowed purpose of detention.

16. In Sk. Nizamuddin v. State of West Bengal, (1975) 3 SCC

395, this Court while examining the necessity of securing the

arrest of the detenu immediately after the order of detention has

held thus:

“It would be reasonable to assume that if the District

Magistrate was really and genuinely satisfied after

proper application of mind to the materials before him

that it was necessary to detain the petitioner with a

view to preventing him from acting in a prejudicial

manner, he would have acted with greater

promptitude in securing the arrest of the petitioner

immediately after the making of the order of

detention, and the petitioner would not have been

allowed to remain at large for such a long period of

time to carry on his nefarious activities. Of course

when we say this we must not be understood to mean

that whenever there is delay in arresting the detenu

pursuant to the order of detention, the subjective

satisfaction of the detaining authority must be held to

be not genuine or colourable. Each case must depend

on its own peculiar facts and circumstances. The

detaining authority may have a reasonable

explanation for the delay and that might be sufficient

to dispel the inference that its satisfaction was not

genuine.”

Having held as above, Bhagwati, J. (as the learned Chief

Justice then was) pointed out that if there is any delay in arresting

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the detenu pursuant to the order of detention which is prima-facie

unreasonable, the State must give reasons explaining the delay.

17. A similar contention was raised in Suresh Mahato v. The

District Magistrate, Burdwan, and Ors., (1975) 3 SCC 554, on

the basis of the dictum laid down in two decisions of this Court,

namely, SK. Serajul v. State of West Bengal, (1975) 2 SCC 78,

and Sk. Nizamuddin (supra) contending that the delay of the

arrest of the detenu in that case showed that the detaining

authority was not really and genuinely satisfied as regards the

necessity for detention of the detenu for otherwise he would have

tried to secure the arrest of the detenu promptly and not left him

free to carry on his nefarious activities. Bhagwati, J. (as the learned

Chief Justice then was) while dealing with this submission, made

the following observation:

“Now, there can be no doubt--and the law on this point

must be regarded as well settled by these two

decisions--that if there is unreasonable delay between

the date of the order of detention and the date of arrest

of the detenu, such delay, unless satisfactorily

explained, would throw considerable doubt on the

genuineness of the subjective satisfaction of the District

Magistrate and it would be a legitimate inference to

draw that the District Magistrate was not really and

genuinely satisfied as regards the necessity for

detaining the petitioner.”

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18. Chinnappa Reddy, J. speaking for the Bench in Bhawarlal

Ganeshmalji v. State of Tamil Nadu, (1979) 1 SCC 465, has

explained as follow:

“It is further true that there must be a “live and

proximate link” between the grounds of detention

alleged by the detaining authority and the avowed

purpose of detention namely the prevention of

smuggling activities. We may in appropriate cases

assume that the link is “snapped” if there is a long and

unexplained delay between the date of the order of

detention and the arrest of the detenu. In such a case,

we may strike down an order of detention unless the

grounds indicate a fresh application of the mind of the

detaining authority to the new situation and the

changed circumstances. But where the delay is not only

adequately explained but is found to be the result of the

recalcitrant or refractory conduct of the detenu in

evading arrest, there is warrant to consider the “link”

not snapped but strengthened.”

(Emphasis supplied)

19. Sabyasachi Mukharji, J. (as the learned Chief Justice then

was) in Shafiq Ahmed v. District Magistrate, Meerut and Ors.,

(1989) 4 SCC 556, having regard to the fact that there was a delay

of two and a half months in detaining the petitioner (detenu)

therein, pursuant to the order of detention has concluded that

"there was undue delay, delay not commensurate with the facts

situation in that case and the conduct of the respondent authorities

betrayed that there was no real and genuine apprehension that the

detenu was likely to act in any manner prejudicial to public order.

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The order, therefore is bad and must go". However, the learned

Judge observed that "whether the delay was unreasonable

depends on the facts and circumstances of each case.”

20. It is manifestly clear from a conspectus of the above decisions

of this Court, that the underlying principle is that if there is

unreasonable delay between the date of the order of detention &

actual arrest of the detenu and in the same manner from the date

of the proposal and passing of the order of detention, 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 because the “live and

proximate link” between the grounds of detention and the purpose

of detention is snapped in arresting the detenu. A question

whether the delay is unreasonable and stands unexplained

depends on the facts and circumstances of each case.

21. In the present case, the circumstances indicate that the

detaining authority after the receipt of the proposal from the

sponsoring authority was indifferent in passing the order of

detention with greater promptitude. The “live and proximate link”

between the grounds of detention and the purpose of detention

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stood snapped in arresting the detenu. More importantly the delay

has not been explained in any manner & though this point of delay

was specifically raised & argued before the High Court as evident

from Para 14 of the impugned judgment yet the High Court has

not recorded any finding on the same.

VITAL MATERIAL OR VITAL FACT WITHHELD AND NOT

PLACED BY THE SPONSORING AUTHORITY BEFORE THE

DETAINING AUTHORITY

22. As noted above, in the case on hand, in both the cases relied

upon by the detaining authority for the purpose of preventively

detaining the appellant herein, the appellant was already ordered

to be released on bail by the concerned Special Court.

Indisputably, we do not find any reference of this fact in the

proposal forwarded by the Superintendent of Police, West Tripura

District while requesting to process the order of detention. The

reason for laying much stress on this aspect of the matter is the

fact that the appellant though arrested in connection with the

offence under the NDPS Act, 1985, the Special Court, Tripura

thought fit to release the appellant on bail despite the rigours of

Section 37 of the NDPS Act, 1985. Section 37 of the NDPS Act,

1985 reads thus:

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“Section 37. Offences to be cognizable and nonbailable.—(1) Notwithstanding anything contained in

the Code of Criminal Procedure, 1973 (2 of 1974)—

(a) every offence punishable under this Act shall

be cognizable;

(b) no person accused of an offence punishable

for offences under section 19 or section 24 or

section 27A and also for offences involving

commercial quantity shall be released on bail or

on his own bond unless—

(i) the Public Prosecutor has been given an

opportunity to oppose the application for such

release, and

(ii) where the Public Prosecutor opposes the

application, the court is satisfied that there are

reasonable grounds for believing that he is not

guilty of such offence and that he is not likely to

commit any offence while on bail.

(2) The limitations on granting of bail specified in

clause (b) of sub-section (1) are in addition to the

limitations under the Code of Criminal Procedure,

1973 (2 of 1974) or any other law for the time being in

force, on granting of bail.”

23. A plain reading of the aforesaid provision would indicate that

the accused arrested under the NDPS Act, 1985 can be ordered to

be released on bail only if the Court is satisfied that there are

reasonable grounds for believing that the accused is not guilty of

such offence and that he is not likely to commit any offence while

on bail. If the appellant herein was ordered to be released on bail

despite the rigours of Section 37 of the NDPS Act, 1985, then the

same is suggestive that the Court concerned might not have found

any prima facie case against him. Had this fact been brought to

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the notice of the detaining authority, then it would have influenced

the mind of the detaining authority one way or the other on the

question whether or not to make an order of detention. The State

never thought to even challenge the bail orders passed by the

special court releasing the appellant on bail.

24. In Asha Devi v. Additional Chief Secretary to the

Government of Gujarat and Anr., 1979 Crl LJ 203, this Court

pointed out that:

“… if material or vital facts which would influence the

minds of the detaining authority one way or the other

on the question whether or not to make the detention

order, are not placed before or are not considered by the

detaining authority it would vitiate its subjective

satisfaction rendering the detention order illegal."

25. In Sk. Nizamuddin (supra) this Court observed as under:

"We should have thought that the fact that a criminal

case is pending against the person who is sought to be

proceeded against by way of preventive detention is a

very material circumstance which ought to be placed

before the District Magistrate. The circumstance might

quite possible have an impact on his decision whether

or not to make an order of detention. It is not altogether

unlikely that the District Magistrate may in a given case

take the view that since a criminal case is pending

against the person sought to be detained, no order of

detention should be made for the present, but the

criminal case should be allowed to run its full course

and only if it fails to result in conviction, then preventive

detention should be resorted to. It would be most unfair

to the person sought to be detained not to disclose the

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pendency of a criminal case against him to the District

Magistrate."

26. From the above decisions, it emerges that the requisite

subjective satisfaction, the formation of which is a condition

precedent to passing of a detention order will get 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.

27. It is clear to our mind that in the case on hand at the time

when the detaining authority passed the detention order, this vital

fact, namely, that the appellant detenu had been released on bail

by the Special Court, Tripura despite the rigours of Section 37 of

the NDPS Act, 1985, had not been brought to the notice and on

the other hand, this fact was withheld and the detaining authority

was given to understand that the trial of those criminal cases was

pending.

28. The preventive detention is a serious invasion of personal

liberty and the normal methods open to a person charged with

commission of any offence to disprove the charge or to prove his

innocence at the trial are not available to the person preventively

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detained and, therefore, in prevention detention jurisprudence

whatever little safeguards the Constitution and the enactments

authorizing such detention provide assume utmost importance

and must be strictly adhered to.

29. In view of the aforesaid discussion, this appeal succeeds and

is hereby allowed. The impugned judgment and order passed by

the High Court of Tripura is set aside. The order of preventive

detention passed by the State of Tripura dated 12.11.2021 is

hereby quashed and set aside. The appellant herein is ordered to

be released forthwith from custody if not required in any other

case.

30. Pending application, if any, also stands disposed of.

……………………………….CJI.

 (UDAY UMESH LALIT)

 ....…......………….………….J.

(S. RAVINDRA BHAT)

 ...……...…………….………..J.

NEW DELHI; (J.B. PARDIWALA)

SEPTEMBER 30, 2022