Preventive Detention unconstitutional if All Grounds Not Disclosed Under Article 22(5) : Orissa HC

The Orissa High Court struck down a detention order against an alleged drug peddler, calling it unconstitutional for violating Article 22(5).

The authorities did not disclose all the reasons for the detention, denying the petitioner an opportunity to make an effective representation.

The detention was based on three NDPS cases, but officials also considered five other cases under the Excise Act and IPC, which the petitioner was unaware of.

Citing Khudiram Das's (1974) and Sama Aruna's (2017) case, the Court ruled that withholding information violated constitutional safeguards. It quashed the detention order and ordered the petitioner’s immediate release.