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2024 Supreme(Raj) 921

MANINDRA MOHAN SHRIVASTAVA, ASHUTOSH KUMAR
Reshama W/o Mohmmad Ali @ Bablu – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Ripu Daman Singh Naruka
Advocate with Mr. Majhar Hussain Advocate, Mr. Jitendra Singh Shekhawat Advocate and Mr. Ashir Gauri Advocate.
For the Respondent:Mr. Rajesh Chaudhary Government Advocate-cum-Additional Advocate General with Mr. Gaurav Gupta Advocate and Mr. Aman Agarwal, Mr. Sandeep Pathak Advocate with Mr. Akshat Sharma Advocate.

ORDER :

1. This habeas corpus petition assails detention order dated 11.12.2023 passed by the Government of Rajasthan (Department of Home) by which the husband of the petitioner has been detained for a period of one year under Section 3 of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (hereinafter referred to as ‘the Act of 1988’).

2. Quintessential facts, necessary for decision of the present case, are that the petitioner is the wife of detenue Mohammad Ali @ Bablu. She has stated on affidavit that on the basis of requisition made by the Deputy Commissioner of Police, Jaipur, South, Jaipur to the Secretary, Home (Law) for initiating action and detention of her husband, proceedings were drawn under the Act of 1988 which culminated into passing of impugned order dated 11.12.2023 on recording satisfaction that it has become necessary to pass an order with a view to preventing the detenue from engaging in illicit traffic in narcotic drugs and psychotropic substances. The basis for such satisfaction was registration of eight criminal cases against the detenue under the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 (here

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