DEVASHIS BARUAH, SUSMITA PHUKAN KHAUND
Ashuli, S/o. Late Darhu – Appellant
Versus
State Of Nagaland, Represented By The Chief Secretary To The Govt. Of Nagaland – Respondent
JUDGMENT :
(Devashis Baruah, J.) :
The instant writ petition under Article 226 of the Constitution is filed by the father of the detenu, i.e. Mr. Thorhu Thaoli (herei after referred to as ‘the detenu’) challenging the detention order dated 26.07.2023; rejection of the representation by the respondent No.2 dated 03.10.2023; rejection of the representation by the respondent No.1 vide the order dated 16.10.2023; the confirmation order dated 19.10.2023 issued by the respondent No.1 as well as the extension order dated 24.01.2024.
2. From the materials on record, it reveals that on 31.05.2023, the detenu along with five others were stopped by the police personnel near Khuzama Check Gate. From the materials on record, it reveals that on a search being conducted, 50 numbers of soap cases containing heroin weighing 650 grams approximately was recovered from the manually built chamber in the luggage boot of the vehicle. On the basis of the said search, an FIR was lodged which was registered and numbered as Narcotic P.S. Case No.0009/2023 under Sections 21(c)/60/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, ‘the Act of 1985’). The detenu thereupon continued to rema
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