The detention order must be supported by sufficient grounds, and the disposals of the representation must be within a reasonable time and in accordance with the law.

JUDGMENT :

Kardak Ete, J.

Heard Mr. Hisinlo, learned counsel for the petitioner. Also heard Ms. Inaholi, learned Government Advocate and Mr. Yangerwati, learned C.G.C.

2. This writ petition has been instituted by one Shri Kedingulie keretsu who claims to be the brother-in-law of the accused Ruokuodilhou Liezietsu (detenue) assailing the impugned detention order No.CON/PITNDPS/01/2023/01 dated 22/2/2023 passed by the Special Secretary, (Home), Government of Nagaland Kohima the impugned order No.-CON/PITNDPS/01/2023/12 dated 24/3/2023 rejecting the representation of the detenue and the impugned confirmation order No.CON/PITNDPS/01/2023/24 dated 9/5/2023 passed by the Chief Secretary, Government of Nagaland confirming the detention of the detenue on the ground of violation of Article 21 and 22(5) of the Constitution of India and Section 3(1) of the Prevention of Illicit Traffic under NDPS Act 1988 (hereinafter referred to as PITNDPS Act).

3. The case of the petitioner is that on 24/1/2023 at around 6.00 hours, the Police including the STF, Narcotoc Cell and Crime Branch raided the residence of the detenue and arrested him on the allegation of involvement in suspected Narcotic and Arms and illegal trafficking of considerable quantity of Narcotic drugs and Psychotropic substance and engaged in marketing the same to gullible people of Nagaland. Further allegation is that the detenue had recruited several persons to trade in Narcotic drugs and psychotropic substance in and around Kohima town and is suspected to be a member of Under Ground group. The police recovered suspected Narcotic drugs and Psychotropic substance and arms from the residence of the detenue and accordingly FIR dated 24/1/2023 by Narcotic Cell PS PHQ Nagaland Kohima was registered being Case No.003/2023 u/s 21(a)/60 of the NDPS Act r/w 25(1B) Arms Act and 7 NSR Act. During the raid the following items were recovered from the residence of the detenue:-

1. 7 grams (Approx) of suspected heroin

2. Cash amounting to Rs.10110/-

3. Few handmade pipe/apparatus

4. Two Nos. of country made pistol.32 pistols and .22 pistols along with 15 live round.

4. After the arrest the detenue was transferred to the judicial custody at the district Jail Kohima and then transferred to Dimapur Central Jail. The Addl. DGP (L & O) Nagaland sent a proposal letter to the Special Secretary (Home) for detention of the detenue under section 3(1) of the PITNDPS Act,1988 vide order No.PHQ/IGP/CID/NAR-D/81A/2022/148 dated 10/2/2023. Thereafter, the impugned detention order No.CON/PITNDPS/01/2023/01 dated 22/2/2023 was passed by the Special Secretary to the Government of Nagaland, Kohima along with the grounds of detention for initial period of 3 months w.e.f. the date of detention till 21/5/2023 by directing the detenue to be detained.

5. The detenue being aggrieved of the detention order dated 22/2/2023 has submitted representation against the impugned detention order dated 22/2/2023 through the Superintendent Central Jail, Dimapur Nagaland and the same was forwarded and received on the same day. Thereafter, vide Order No.CON/PITNDPS/01/2023/12 dated 24/3/2023, the Special Secretary (Home) to the Government of Nagaland considered and rejected the representation of the detenue. By order No.CON/PITNDPS/01/2023/24 dated 9/5/2023, the Chief Secretary Government of Nagaland, on basis of report of the Advisory Board had confirmed the detention of the detenue and further extended the detention period for another period of 3(three) months wef 22/5/2023 till 21/8/2023.

6. By memorandum No.F.NO.U-11013/38/2023-PIT-NDPS dated 16/5/2023, the Central Government through the Under Secretary to the Government of India had informed that the representation of the detenue has been examined and considered along with material facts on record by Secretary (Revenue) on behalf of the Central Government and the same was rejected.