Case Note & Summary
The petitioner, Karshanji Vaghaji Morthala (Thakor), through his brother Narshinbhai Vaghajibhai Morthala, challenged a preventive detention order dated 14.10.2025 passed by the Director General of Police, C.I.D Crime and Railways, Gandhinagar, under Section 2(e) of The Prevention of Illicit Traffic In Narcotic Drugs And Psychotropic Substance Act, 1988 (PITNDPS Act). The detenue was detained in Special Jail, Porbandar. The petitioner argued that there was no material to show that the detenue's activities disturbed public health, public order, or public tranquility, and that the order was passed mechanically without application of mind. The respondent State contended that the detenue was a habitual offender whose activities affected society at large. The court examined the detention order and found that it was based solely on the detenue's involvement in drug offenses without any material linking such activities to a disturbance of public order. The court held that preventive detention cannot be justified merely on the ground of involvement in illicit traffic unless there is evidence of a threat to public order. The court quashed the detention order and directed the release of the detenue forthwith.
Headnote
A) Preventive Detention - Illicit Traffic - Section 2(e) of The Prevention of Illicit Traffic In Narcotic Drugs And Psychotropic Substance Act, 1988 - Public Order - The detenue was detained as an 'Illicit Traffic' under the Act. The court held that mere involvement in drug offenses without any material indicating disturbance to public order or public health does not justify preventive detention. The detention order was passed mechanically without application of mind. (Paras 1-6)
Issue of Consideration
Whether the preventive detention order under the PITNDPS Act, 1988 was valid when there was no material to show that the detenue's activities disturbed public order or public health.
Final Decision
The court quashed the detention order dated 14.10.2025 and directed the release of the detenue forthwith.
Law Points
- Preventive detention
- Public order vs. law and order
- Illicit traffic
- Section 2(e) PITNDPS Act
- 1988
- Lack of material
- Mechanical exercise of power
