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2021 Supreme(Gau) 651

SUMAN SHYAM
Debarshi Kashyap – Appellant
Versus
Union of India Through the Secy. to the Govt. of India – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. B.K. Mahajan, Advocate, Mr. N. Mahajan, Advocate.
For the Respondents:Mr. S.S. Roy, CGC. Mr. D. Nath, Sr. Govt. Advocate, Assam.

JUDGMENT :

SUMAN SHYAM, J.

1. By filing this writ petition, the son of the detenu has approached this court assailing the order of detention dated 20/07/2020 issued under section 3(1) the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (PITNDPS Act) by the Secretary to the Government of Assam, Home & Political Department, detaining him under the provisions of the PITNDPS Act until further order.

2. The undisputed facts of the case, as emerging from the materials on record, are that the detenu viz Sri. Pradip Talukdar was arrested on 29.05.2020 in connection with CID P.S. Case No. 10/2020 registered under Sections 22(C)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS) on charges of committing offences under the Act of 1985. Pursuant to his arrest, the learned District & Sessions Judge, Kamrup(M) had remanded the detenu to five days Police Custody. Thereafter, the detenu was remanded to judicial custody whereby, he was lodged in the Central Jail at Guwahati. While he was in the judicial custody, the Order of Detention dated 20/07/202 was issued, which was followed by the Grounds of Detention dated 22/07/2020. The Detention Order

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