Inspiration
September 2, 2022
In the case of Sharafat Sheikh @ Md. Ayub vs. Union of India & Anr., the Delhi High Court quashed a preventive detention order against the petitioner, who had been accused of involvement in narcotics trafficking. The petitioner was detained under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act (PITNDPS). The court ruled that the detention order was invalid as the grounds for detention and supporting documents were not provided to the petitioner in a language he understood, thus violating his constitutional rights under Article 22(5).
The petitioner, linked to multiple narcotics-related offenses, challenged the detention, arguing that he was already in judicial custody under the NDPS Act, making further preventive detention unnecessary. The High Court upheld this argument, emphasizing the need for proper communication of detention grounds in a language known to the accused.
This ruling highlights the importance of procedural safeguards in preventive detention cases and ensures that detainees' rights to make an informed legal defense are protected.
