Writ petition challenging a six-month preventive detention order under the NDPS Act against a woman alleged to run a drug-selling gang, based on two registered NDPS offences. The court found her a habitual offender forming a cartel and declined to interfere, dismissing the petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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2025:CGHC:7416-DB
NAFR
Digitally signed by ANURADHA ANURADHA TIWARI TIWARI Date: 2025.02.13 10:13:41 +0530
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPCR No. 15 of 2025
Smt. Durga Amma W/o Shri Surya Narayan Rao Aged About 62 Years R/o Near Balaji Mandir, Khursipar, Bhilai, Tahsil And District Durg, C.G.
... Petitioner
versus
1 - State of Chhattisgarh Through The Superintendent of Police, District Durg, C.G.
2 - Commissioner And Detaining Authority Durg Division, District Durg, C.G.
... Respondent
| (Cause-titl | e taken from Case Information System) |
|---|---|
| For Petitioner | : Mr. Jitendra Gupta, Advocate |
| For Respondents | : Mr. Shaleen Singh Baghel, Deputy Government Advocate |
Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal, Judge
Order on Board
Per Ramesh Sinha, Chief Justice
12.02.2025
1. Heard Mr. Jitendra Gupta, learned counsel for the petitioner. Also
heard Mr. Shaleen Singh Baghel, learned Deputy Government Advocate, appearing for the State/respondents.
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2. By way of this petition, the petitioner has prayed for following reliefs:-
“10.1 That, this Hon'ble Court may be pleased to allow the petition by quashing the order dated 27/11/2024 passed by the Respondent No.2 and the Petitioner be set free.
10.2 That, this Hon'ble Court may kindly be pleased to pass any order in the interest of justice in favor of the petitioners including the cost of the petition to be granted in favor of the petitioner.”
3. Brief facts of the case, in a nutshell, are that, respondent No.1 in his report filed before the respondent No.2 has mentioned that the petitioner is engaged in selling of the narcotic and psychotropic substances from long time and runs a gang of 15-20 people who work for her. It has been further alleged in the said report that due to such acts of the petitioner and under her direction, the social environment of the City is hampered. It has been also alleged in the said report that she has been lodged in Jail multiple times but returns on bail and starts such illegal activities again. Two offences under Section 20B of the NDPS Act are registered in the Police Station Khursipar, Durg bearing Crime No.12/2024 and Crime No.88/2024 against the petitioner.
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4. It is further case of the petitioner that in pursuance of such report, respondent No.2 summoned the petitioner to appear and opportunity of hearing was granted to her, wherein she has categorically denied the allegations made against her and stated in the affidavit that she is not responsible for any such alleged act. It has been further stated that no illegal contraband/substance has been seized from her, as such, the allegations are baseless and ambiguous and the proceedings arising out of the aforesaid crime numbers are sub-judice before the learned trial Court. The petitioner is an old lady who is suffering from various health issues as she has filed her medical reports along with reply before respondent No.2, but respondent No.2 upon hearing the parties and perusing the materials placed on record, has passed an order of detention of the petitioner for a period of 6 months.
5. Mr. Jitendra Gupta, learned counsel for the petitioner submits that the order of detention dated 27.11.2024 passed by respondent No.2 is in utter abuse of the process of law and is not maintainable as the same has been passed in haste without any credible evidence and materials which does not substantiate the allegations leveled against the petitioner. He further submits that the petitioner is an old and infirm lady aged about 62 years who is suffering from various ailments and health issues and detaining her illegally for a period of 6 months is not just and proper, as such, the order dated 27.11.2024 is required to be set-aside/quashed.
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6. On the other hand, Mr. Shaleen Singh Baghel, learned Deputy Government Advocate opposes the submissions advanced by learned counsel for the petitioner and submits that two offences under Section 20B of the NDPS Act are registered in the Police Station Khursipar, Durg bearing Crime No.12/2024 and Crime No.88/2024 against the petitioner. He further submits that in one case, learned trial Court vide impugned order dated 27.11.2024 has passed an order for detention of the petitioner for a period of six months and another case is pending consideration before the learned trial Court.
7. We have heard learned counsel for the parties and perused the documents annexed with the writ petition.
8. Perusal of the documents annexed with the writ petition, it goes to show that the petitioner is a habitual offender and she has been involved in similar nature of crime of NDPS Act. It is reflected from the record that two offences under Section 20B of the NDPS Act are registered in the Police Station Khursipar, Durg bearing Crime No.12/2024 and Crime No.88/2024 against the petitioner.
9. Considering the matter in its entirety as well as appreciating the submissions of the learned counsel for the parties, it is evident that the trial Court vide its order dated 27.11.2024 has passed a well reasoned order for detention of the petitioner for a period of 6 months as she has formed cartel for carrying out illegal activities and has become a threat to the locality and has continue to carry
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on such illegal activities, no interference is called for by this Court in its extraordinary power under Article 226 of the Constitution of India for grant of any relief to the petitioner.
10. The petition lacks merit and is, accordingly, dismissed .
Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice
Anu
1 issue framed by the court
Whether the preventive detention order dated 27.11.2024 passed by the Detaining Authority for six months against the petitioner should be quashed.
2 provisions across 2 enactments
Smt. Durga Amma
State of Chhattisgarh Through The Superintendent of Police, District Durg
Commissioner And Detaining Authority Durg Division, District Durg
Ramesh Sinha
Ravindra Kumar Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
