1 2025:CGHC:28889-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 350 of 2025 Bhuwan Nag @ Bhuwan Baba S/o Tilu Nag Aged About 60 Years At R/o Panara Para, Behind School, Jagdalpur (C.G.), Permanent R/o Hikmipara, Near Kanhaiya Kirana Dukan, Danteshwari Ward, Police Station - Bodhghat, Jagdalpur, District - Bastar (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through - The Superintendent Of Police Jagdalpur, District - Bastar (C.G.) 2 - Commissioner - Cum - Detaining Authority Bastar Division, Jagdalpur (C.G.) ... Respondent(s) For Petitioner(s) : Mr. Ramsajiwan, Advocate For Respondent(s) : Mr. Sangharsh Pandey, G.A. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Order on Board Per Ramesh Sinha , Chief Justice 30.06.2025 1. Heard Mr. Ramsajiwan, learned counsel for the petitioner as well as Mr. Sangharsh Pandey, learned Government Advocate appearing for the MANPREET KAUR Digitally signed by MANPREET KAUR Date: 2025.07.01 10:27:42 +0530 2 respondents/State. 2. The present writ petition has been filed by the petitioner with the following prayers: “10.1 That, this Hon'ble Court be pleased to quash/set- aside the impugned order dated 18-06-2025 (Annexure P-1) and direct the respondents to release the petitioner from detention. 10.2 That, this Hon'ble Court may kindly be pleased to grant any other relief, as it may deems fit and appropriate” 3. Brief facts of the case are that the petitioner is a Resident of Panara Para, Behind School, Jagdalpur (C.G.), Permanent Resident of Hikmipara, near Kanhaiya Kirana Dukan, Danteshwari Ward, Police Station Bodhghat, Jagdalpur, District Bastar (C.G.) and is doing the work of Labour and Agriculturist and his whole family is dependent upon him. An Istagasa was produced in respect of petitioner by the respondent No.1 under Section 03 of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substance Act 1988 (hereinafter referred as Act-1988) before the respondent No.2, subsequently on the basis of which the proceedings under the Act- 1988 was initiated before the respondent No.2, where the case was registered as Case No.202505950100007/ B- 121/2024-25. In the proceedings, the statement of Station House Officer Jagdalpur, was recorded wherein it was submitted that there was frequent information against the petitioner for illicit sale of contraband and also complaints were received and during the record inspection, two criminal record relating to the NDPS has been filed, but in one of it, the petitioner has been acquitted and in another case, the same is pending for its trial. It 3 was also reported that even after above proceedings there was no correction in the status of the petitioner and he is complaint to be involved in the illicit Trafficking of Contraband and he is a habitual offender, thus recommendation was made for detention of the petitioner under the Act- 1988. In the proceedings, the petitioner was provided with the Istagasa and other documents and the reply was sought and the statement was also recorded, wherein the petitioner denied the allegations and it was submitted that he has been acquitted in both the charges stated above and he prayed for rejection of the proceeding initiated under the Act-1988. Subsequently after considering the documents and the material on record, the respondent No.2 passed the impugned order dated 18-06-2025 whereby in light of Section 3 read with 11 of the Act- 1988, the respondent No.2 came to the finding that the petitioner was involved two crimes for trafficking of Ganja and there is apprehension that he would continue the same and thus in the light of Section 10 of the Act-1988, the petitioner has been directed to be detained for the period of 03 months. Hence this petition. 4. Learned counsel for the petitioner submits that the impugned order dated 31-12-2204 is illegal and the detention order of the petitioner under the Act-1988 for the period of 03 months is illegal and liable to be set- aside. The impugned order dated 18-06-2025 passed under the Act-1988 under Section 3 read with Section 10 & 11 of the Act-1988, is illegal as the same has been passed merely on the basis of apprehension. The order dated 31-12-2204 is illegal, which has been passed relying upon the Istagasa as per which in the year 2016 and 2024, the petitioner was involved in the offence of NDPS Act and two crime number was registered 4 against him and he is habitual criminal, whereas there is no material on record to show that after 2016, the petitioner has been acquitted and in the another case the trial is going on, the petitioner was involved in any other crime and hence the order impugned is baseless and has been passed merely on apprehension. Further, the respondent No.2 failed to appreciate the reply of petitioner where he has specifically stated that in both the crime numbers which are alleged against him, he has been acquitted by the learned trial court and has acted arbitrarily and malafidely in passing the order of detention against the petitioner. Also, a similar issue has came up before this Court in WPCR No.315/2025, wherein also detention order was passed under the Act-1988, whereby the this Court set-aside the order of detention, which was passed on the basis of apprehension only. 5. On the other hand, learned State counsel opposes the submissions on behalf of learned counsel for the petitioner and supports the impugned order. 6. We have heard learned counsel for the parties and perused the prayers and pleadings made in the writ petition along with the annexures annexed in this case. 7. From perusal of the records, it transpires that respondent No.2- Commissioner-cum-Detaining Authority, Bastar Division, Jagdalpur (C.G.) has observed that close scrutiny of the application submitted by the Police Station Incharge, Kotwali Jagdalpur and the reply submitted by the petitioner herein, it was found that the Bhuwan Nag alias Bhuwan Baba (petitioner herein) was arrested under the NDPS Act on 21-04-2016 in 5 Crime No. 122/2016 under section 20 (b) of the NDPS Act after 01 kg of narcotic substance ganja worth Rs. 5,000 was recovered from the residence of Bhuwan Nag at Panara Para, Jagdalpur and the charge- sheet was presented in the Hon’ble Special Court under NDPS Act, Jagdalpur. In which, as per the decision of the Hon'ble Court dated 30-04- 2019, Bhuwan Nag was acquitted due to lack of evidence and in Crime No. 463/2024 under section 20 (b) NDPS Act of Police Station Kotwali Jagdalpur, he was arrested and kept in judicial custody as per the order of the Hon'ble Court after narcotic substance ganja weighing 02.280 kg worth Rs 20,000/- was recovered from his possession in joint possession with other accused in front of Dalpat Sagar Ram Temple. After completion of investigation, charge-sheet was presented before the Hon'ble Special Court, NDPS Act Jagdalpur. Presently the case is pending in the Hon'ble Special Court, NDPS, Jagdalpur. The respondent No.2 held that it is clear from this that the petitioner herein i.e. Bhuvan Nag is a rogue type, who is a habitual criminal. Due to which there is an adverse effect on health and well-being of public, and the general public is angry, due to which there is a possibility of a cognizable crime occurring at any time. As such, it is extremely necessary to curb the criminal activities of the said accused. After considering all the above facts, respondent No.2 held that it is necessary to take action against the petitioner herein, Bhuwan Nag alias Bhuwan Baba, under the Narcotic Drugs and Psychotropic Substances Act, 1988. Hence, under Section 10 of the Narcotic Drugs and Psychotropic Substances Act, 1988, The petitioner herein namely, Bhuwan Nag alias Bhuwan Baba, was detained in Central Jail Jagdalpur 6 for three months 8. Considering the facts and circumstances of the case, further considering the fact that after proper trial, the respondent No.2- Commissioner-cum-Detaining Authority, Bastar Division, Jagdalpur (C.G.), vide judgment dated 18.06.2025, has detained the petitioner for the charge under Section 10 of the Narcotic Drugs and Psychotropic Substances Act, 1988, on the ground that the petitioner herein i.e. Bhuvan Nag is a rogue type, who is a habitual criminal, due to which, there is an adverse effect on health and well-being of public, and the general public is angry, due to which there is a possibility of a cognizable crime occurring at any time. As such, it is extremely necessary to curb the criminal activities of the petitioner. Therefore, the respondent No.2- Commissioner-cum-Detaining Authority, Bastar Division, Jagdalpur (C.G.), agreeing with the report received, in public interest, has detained the petitioner for three months. As such, we do not find any illegality or infirmity in the impugned order dated 18.06.2025 passed by the respondent No.2- Commissioner-cum-Detaining Authority, Bastar Division, Jagdalpur (C.G.), detaining the petitioner in Central Jail Jagdalpur for three months. 9. In the result, the present writ petition is liable to be and is hereby dismissed. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Manpreet