VidhiSangh

Supreme Court of India · 30/09/2022

SUSHANTA KUMAR BANIK versus STATE OF TRIPURA & ORS.

[2022] 13 S.C.R. 484 · 2022 INSC 1053

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Summary

Tripura detained the appellant under Section 3(1) of the PIT NDPS Act, 1988 on the basis of two pending NDPS cases. The police proposal was forwarded in July 2021, but the detention order came only on 12.11.2021. The proposal did not disclose that the Special Court had granted bail in both cases, and the High Court upheld the detention. The Supreme Court quashed it. Unexplained delay between proposal and order, like delay in arresting a detenu after the order, breaks the live and proximate link between the grounds and the purpose of detention. The High Court had not dealt with that delay. Withholding from the detaining authority the vital fact of bail, granted despite the rigours of Section 37 of the NDPS Act, also vitiated its subjective satisfaction.

Issues

  1. Whether an unexplained delay of about four to five months between the sponsoring authority's proposal and the detention order under the PIT NDPS Act snapped the live and proximate link and vitiated the detention.
  2. Whether the detention was vitiated because the sponsoring authority did not tell the detaining authority that the detenu had been granted bail in both NDPS cases relied on.

Provisions considered

Held

Result

Appeal allowed. The High Court's judgment was set aside, the detention order of 12.11.2021 was quashed, and the appellant was ordered to be released unless required in another case.

Judgment PDF: Supreme Court of India, [2022] 13 S.C.R. 484.