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2022 Supreme(SC) 995

UDAY UMESH LALIT, S. RAVINDRA BHAT, J. B. PARDIWALA
Sushanta Kumar Banik – Appellant
Versus
State of Tripura – Respondent


Advocates appeared:
For the Appellant(s) : Ms. Madhumita Bhattacharjee, AOR Mr. Srija Choudhury, Adv. Mr. Anant, Adv.
For the Respondent(s): Mr. Nachiketa Joshi, AOR Ms. Himadri Haksav, Adv. Ms. Sucheta Joshi, Adv Mr. K.M. Nataraj, ASG Mr. Akshay Amritanshu, Adv. Mr. Shailesh Madiyal, Adv. Ms. Bani Dikshit, Adv. Mr. Mukesh Kumar Maroria, AOR

JUDGMENT :

J.B. PARDIWALA, J.

1. Leave granted.

2. This appeal is at the instance of a detenu detained under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (for short, ‘PIT NDPS Act’) and is directed against the judgment and order passed by the High Court of Tripura at Agartala dated 01.06.2022 in Writ Petition (Civil) No. 6 of 2021 by which the High Court rejected the writ application filed by the appellant herein questioning the legality and validity of the detention order passed by the Government of Tripura dated 12.11.2021 and thereby affirming the order of detention.

3. It all started with a proposal dated 28th of June, 2021 submitted by the Superintendent of Police, West Tripura District, Sub-Divisional Police Officer, Amtali, West Tripura to the Superintendent of Police (C/S), West Tripura, Agartala with a request to move the appropriate authority for passing an appropriate order of detention under the provisions of the PIT NDPS Act.

4. The proposal reads thus:-

“GOVERNMENT OF TRIPURA

OFFICE OF THE SUB DIVISIONAL POLICE OFFICER

WEST TRIPURA, AGARTALA

No. 1445/SDPO(AMT)/21

To

The Superintendent of Police (C/S),

West Tripura,


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