DHARMENDRA SUGANCHAND CHELAWAT & SUGANCHAND KANHAIYYALAL vs UNION OF INDIA AND OTHERS

The Supreme Court held that a detention order under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988, can be validly passed against a person already in custody only if the detaining authority is aware of the detenu's custody and there are compelling reasons justifying such detention. The Court found that the detention order was invalid as there was no apprehension of the appellants engaging in prejudicial activities while in custody. Consequently, the Court set aside the detention order and directed their release.