Detaining Authority Must Show Likelihood Of Bail To Pass Preventive Detention Order Against Person Already In Custody: Gauhati HC Reiterates

The Gauhati High Court quashed the preventive detention of an accused person in custody under the PITNDPS Act (Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances). The court ruled that the detention was unjustified as the person had not been provided with a valid opportunity to contest the detention. The decision highlights the importance of safeguarding individual freedoms and ensuring that preventive detention is not used arbitrarily, reinforcing constitutional rights against wrongful detention under preventive laws.