Inspiration
September 2, 2022
The Delhi High Court quashed the preventive detention order against Sharafat Sheikh @ Md. Ayub in a case involving the trafficking of narcotics under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act (PITNDPS). The detention order was passed due to his alleged involvement in the trafficking of 3 kg of heroin. Sheikh had been previously involved in multiple narcotics-related offenses and was detained based on statements by co-accused.
However, the Court found that the detention order violated Sheikh's constitutional rights under Article 22(5), as the grounds for detention were not communicated to him in a language he understood. The court emphasized that such procedural failures in preventive detention cases can lead to a miscarriage of justice.
This ruling highlights the importance of adhering to constitutional safeguards, especially in preventive detention cases, ensuring that detainees are fully aware of the charges against them.
