Point of Law: failure to furnish the dossiers and the Police report to the detenu based on which, order of detention was issued, would have a vitiating effect on the detention order.

JUDGMENT :

HITESH KUMAR SARMA, J.

1. Heard Mr. Y.S. Mannan, learned counsel for the petitioner. Also heard Ms. S. Baruah, learned Central Government, Standing Counsel, appearing for respondent No. 1, Mr. D. Nath, learned Senior Government Advocate, appearing for respondent Nos. 2 to 5 and 7 as well as Mr. S.C. Keyal, learned Standing Counsel, NCB appearing for respondent No. 6.

2. By filing this writ petition under Article 226 of the Constitution of India, the daughter of the detenu/petitioner has assailed the order of detention dated 16.07.2021 in respect of the detenu, issued by the Secretary to the Government of Assam, Home and Political Department (respondent No. 3), which was passed in exercise of power under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (herein after referred to as “PIT NDPS Act” for short).

3. The detenu was detained on 19.07.2021 as she had appeared in the Bharalumukh Police Station in compliance to a notice, dated 17.07.2021 issued by the respondent No. 6, vide Annexure-3, under Section 67(c) of the NDPS Act (as amended), 1985 and was supplied with the grounds of detention issued by the respondent No. 3, dated 16.07.2021.

4. The relevant part of the detention order reads as follows:

“Whereas on perusal of the Police report and the connected records, it appears that the said accused has involved herself with the crime of illegal business of narcotics drugs and she was arrested with regard to the following cases which prime facie proves that she is a repeated offender and indulged in carrying out illegal activities regarding transportation of NDPS articles:

1. Latasil PS Case No. 124/2016 U/S 21(C)/28 NDPS Act, 1985.

2. Bharalumukh PS Case No. 366/2020 U/S 21(b)/27A/29 NDPS Act, 1985.

3. Panbazar PS Case No. 656/2020 U/S 22(b)/25/27/27(a)/29 NDPS Act, 1985.

4. Bharalumukh PS Case No. 435/2021 U/S 22(b) NDPS Act.

Whereas it also appears from the police report that during investigation the seized particulars suspected to be heroin in respect of Latasil PS Case No. 124/2016 U/S 21(C)/28 NDPS Act, 1985 and Bharalumukh PS Case No. 366/2020 U/S 21(b)/27A/29 NDPS Act, 1985 were sent to FSL for examination and FSL report gave positive result for narcotic drugs and psychotropic substances.”

5. Vide the said detention order, the detaining authority, i.e. the respondent No. 3 directed the respondent No. 5 to serve the detention order upon the detenu which was accordingly served. Thereafter, as directed by the respondent No. 3, vide letter dated 16.07.2021 (Annexure-2) the grounds for detention was communicated to the detenu by letter dated 19.07.2021 vide Annexure-4 (the date of receipt of the detention order is 19.07.2021 as mentioned in Annexure-4 itself). In the grounds of detention, it has been mentioned that four cases under the NDPS Act have been registered against the detenu being:

1. Latasil PS Case No. 124/2016 U/S 21(C)/28 NDPS Act, 1985.

2. Bharalumukh PS Case No. 366/2020 U/S 21(b)/27A/29 NDPS Act, 1985.

3. Panbazar PS Case No. 656/2020 U/S 22(b)/25/27/27(a)/29 NDPS Act, 1985.

4. Bharalumukh PS Case No. 435/2021 U/S 22(b) NDPS Act.

6. Other specific grounds mentioned in the detention order are quoted below:

“4. It is also noticed that you are permanent resident of Dhubri but living in the Guwahati city for the purpose of illicit trade in narcotic drugs. Moreover, you are using railway track from Maligaon to Panbazar for your illicit trade in Narcotic drugs.

5. Your above illegal activities have clearly established the fact that you have involved yourself with the crime of illegal trade of narcotic drugs. You have been operating the illegal narcotic drugs trade as a mastermind in several districts including Kamrup (M) which involves several drug peddlers including minors, School and college going students are being used by you to supply narcotic drugs and psychotropic substances in schools and colleges. This is ruining health, future and demographic dividend of s