NDPS -- Preventive Detention-- Detention Under PITNDPS Act Impermissible Unless Activities Constitute 'Illicit Traffic'
Preventive detention under Section 3 of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 is valid only when the activities of a detenue fall within the definition of "illicit traffic" under Section 2(c) of the Act. A detention order passed to maintain public order falls outside the statutory purpose of the PITNDPS Act. The detaining authority must form clear and certain subjective satisfaction regarding the precise nature of the detenue's activities anchored to the statutory definition of illicit traffic under the PITNDPS Act. Tentativeness or conflation of "public order" concerns with "illicit traffic" vitiates the detention order. Notably, the PITNDPS Act creates no offences; it only enables preventive detention against illicit trafficking.
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