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AJIT BORTHAKUR
Sharukh Ahmed @ Muktar, S/o Late Baten Miya – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
Heard Mr. N.J. Dutta, learned counsel for the petitioner. Also heard Mr. D. Nath, learned Sr. Government Advocate, Assam appearing for the State/respondents and Mr. P.S. Bhattacharyya, learned CGC for the respondent No. 1.
PETITIONER’S GRIEVANCE:
2. By filing this writ petition under Article 226 of the Constitution of India, the petitioner on behalf of his brother-in-law Shahrukh Ahmed @Muktar, the detenue herein vide paragraph No. 2 of the petition (the Affidavit is sworn by detenue’s wife Manowara Begum) has prayed for setting aside and quashing a Preventive Detention Order, dated 16.03.2022, issued by the Commissioner and Secretary to the Government of Assam, Home & Political Department/respondent No. 2 to the petitioner informing him with detail particulars about his involvement in illicit trafficking in narcotic drugs and psychotropic substances, with reference to 07 (seven) number of cases registered at Barpeta Police Station under the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 (‘N.D.P.S. Act’ for short) which prompted the Government to
Section 13 of Act provides for interim release of a detenue for a specified period on executing bond with or without sureties.
Detention order - Failure of the Department to send a report as mandated under Section 3(2) to the Central Government within 10(ten) days as well as the mandate of Section 9(f) for confirmation of an....
Detention orders under the PITNDPS Act can be upheld when communicated timely and justified despite delays in arrest, emphasizing the subjective satisfaction of authorities against habitual offenders....
The detention order was unsustainable due to non-application of mind, unexplained delay in disposing of the representation, and failure to furnish necessary documents to the detenu.
Preventive detention quashed for lack of subjective satisfaction: 8-year gap between cases, acquittal in one, incidental recovery during warrant execution fail to establish live proximate link to pub....
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