Preventive Detention -- PIT NDPS Act -- Unexplained Delay and Non-Supply of Detention Proposal -- Detention order vitiated under Article 22(5)
Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988, S.3(1) -- Preventive Detention -- Unexplained Delay and Non-Supply of Detention Proposal -- Preventive detention cannot rest on suspicion, administrative convenience, or generalised apprehension -- Unexplained and inordinate delay in passing and executing a detention order snaps the live and proximate link between alleged prejudicial activity and the need for detention, vitiating subjective satisfaction -- Art.22(5) requires supply of all documents relied upon, including the detention proposal, failing which the right to representation becomes illusory -- Where the detenue is on bail with no allegation of misuse of liberty, preventive detention assumes a punitive character, which is constitutionally impermissible.
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