Law and order issues involving minor drug offenses do not justify preventive detention under PITNDPS.

The petitioner was detained under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (PITNDPS) vide order dated 13.08.2025.

The detention was based on a dossier submitted by the SSP, Kathua, citing two pending FIRs (FIR No. 04/2025 and FIR No. 106/2025) involving the alleged recovery of 1.70 grams and 4.63 grams of heroin respectively.

Both cases were still under investigation at the time of the detention order.

The detaining authority concluded that the petitioner’s continuous drug peddling posed a serious threat to public health and welfare.

The petitioner challenged the detention on grounds of non-application of mind, violation of procedural safeguards, and the sufficiency of ordinary law to deal with the alleged offenses.

1. Whether the procedural safeguards, specifically the communication and explanation of grounds in a language understood by the detenue, were complied with?

2. Whether the alleged criminal activities involving small quantities of contraband constitute a disturbance of "public order" justifying preventive detention?

3. Whether recourse to preventive detention is legal when the ordinary law of the land is competent to deal with the situation?

The court primarily applied Article 21 and Article 22(3)(b) of the Constitution of India regarding personal liberty and the narrow limits of preventive detention.

It relied on the distinction between "public order" and "law and order" as established in A.K. Gopalan v. State of Madras and Rekha v. State of Tamil Nadu, emphasizing that preventive detention is an exception to be strictly construed.

If ordinary penal statutes are sufficient to handle a situation, recourse to preventive detention is illegal.

The court also noted the mandate for procedural compliance as per Kamleshwar Ishwar Prasad Patel v. Union of India.

The Court first dismissed the petitioner's procedural challenge regarding the language of the documents, noting that the record showed 62 leaves were explained in Hindi and Dogri and acknowledged by the petitioner's signature.

However, on the merits, the Court found that the detention was based solely on two FIRs involving "small quantities" of heroin that were still under investigation.

The Court reasoned that while the petitioner's actions might constitute a "law and order" problem, they did not reach the threshold of affecting "public order" or posing a systemic threat to society.

The Court observed that since the investigations had not even culminated in final reports, the detaining authority's claim of "continuous illegal activities" was unfounded.

Consequently, the Court determined that the ordinary criminal law was fully competent to deal with these charges, making the use of PITNDPS an unconstitutional overreach.

The Court held that recourse to preventive detention is illegal when ordinary laws are sufficient.

The petition was allowed, and the detention order No. PITNDPS No. 53/2025 was quashed, and the Court directed the immediate release of the petitioner from custody, provided he is not required in any other case.