Mumbai, Feb 21: Observing that the detention order passed by the Joint Secretary (PIT-NDPS), Government of India, against Dongri resident Faisal Shaikh was unwarranted and a misuse of law by the authorities, the Bombay High Court has directed his immediate release from prison.
Court warns against misuse of preventive detention laws
While setting aside the detention order, the division bench of Justice AS Gadkari and Justice RR Bhonsale observed, “The power of directing preventive detention or invoking the laws under preventive detention should be exercised in furtherance of the objects of the preventive detention laws and not on some untenable inclinations of the detaining authority. The preventive detention laws cannot be used as a convenient shortcut by the detaining authorities to curtail an individual’s liberty, however serious or heinous the crime.”
Background of drug cases
Shaikh has been booked in various drug trafficking cases in the city by the local police as well as the Narcotics Control Bureau (NCB). It was noted that Shaikh was first arrested by the NCB in a case registered on June 9, 2023.
However, after getting bail in this case, Shaikh is alleged to have continued the criminal activities and was again booked on December 16, 2024, by Dongri police on drug trafficking charges.
Preventive detention under PIT-NDPS Act
After his arrest by the Dongri police, the NCB sought his preventive detention under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances (PIT-NDPS) Act, 1988.
The competent authority — Joint Secretary (PIT-NDPS) — allowed the NCB’s request and on March 26 last year ordered his detention. He was subsequently shifted from Arthur Road to Puzhal Central Prison, Chennai.
Challenge before High Court
Shaikh’s lawyers, Ayaz Khan and Munira Palanpurwala, had challenged the detention order before the HC. They contended that the order of detention does not refer to or discuss the fact of the real possibility or the likelihood of Shaikh being released on bail in the crimes.
Prosecution’s argument
The prosecution, on the other hand, claimed, “It cannot be presumed that the authority has not applied its mind merely on the basis that the detention order does not expressly state that there is likelihood of the detenu being released on bail and if so released, he is likely to indulge in the same prejudicial activities.”
Court’s findings
The division bench noted that the authority had not considered the fact that Shaikh, when on bail in an NDPS matter and committing a similar act, would make his chances of again getting bail extremely remote and bleak.
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“In our opinion, given the facts of the present case, there was no immediate and or imminent possibility of the Petitioner being released on bail. In these circumstances, the preventive detention laws ought not to have been invoked,” the court said.
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