Supreme Court: Detaining Authority Must Provide Separate Grounds for Preventive Detention

The Supreme Court ruled that preventive detention orders must show an independent application of mind and cannot depend on mere policy proposals.

The court quashed the detention orders under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988, stating that the authority failed to justify the grounds for detention.

The Detenus (detained person) were already in custody, and the court highlighted that no evidence of release & future crime applied here, which justify preventive detention.

Additionally, detention orders were issued in the English language, which Detenus did not understand, which violated Article 22(5) of the Constitution.