2020 Supreme(Manipur) 21
IN THE HIGH COURT OF MANIPUR AT IMPHAL
Kh. Nobin Singh, Ahanthem Bimol Singh, JJ.
Kyaw Kyaw Naing - Appellants
Vs.
The District Magistrate and Ors. - Respondent
W.P. (Cril.) No. 3 of 2020
Decided On : 07-12-2020
For the Appellant :P. Tomcha, Advocate
For the Respondents:L. Monomala, Govt. Advocate
Headnote:
Detention Order - International Drug Smuggling - National Security Act, 1980, Section 22(C)/29/60(3) - The court examined the sufficiency of the materials relied upon by the District Magistrate in passing the detention order. The order of detention was quashed and set aside as the District Magistrate did not apply her judicious mind while passing the order, violating Article 21 of the Constitution of India.
Fact of the Case:
The petitioner challenged the order of detention passed by the District Magistrate, Thoubal District, Manipur, on the grounds that there was no contraband article seized from him at the time of arrest, no reasonable ground to connect him with the seized drugs, and the detention order was issued after his release on bail.
Finding of the Court:
The court found that the order of detention was bad in law and quashed it, directing the release of the detenu if not required for any other case.
Issues: The sufficiency of the materials relied upon by the District Magistrate in passing the detention order and the failure to observe procedural safeguards while passing the order.
Ratio Decidendi: The District Magistrate did not apply her judicious mind while passing the order of detention, violating Article 21 of the Constitution of India.
Final Decision: The writ petition was allowed, and the order of detention dated 29-01-2020 passed by the District Magistrate, Thoubal District, Manipur was quashed and set aside with the direction to release the detenu forthwith if not required for any other case.
JUDGMENT :
Kh. Nobin Singh, J.
1. Heard Shri P. Tomcha Meetei, learned Advocate appearing for the petitioner and Smt. L. Monomala, learned Government Advocate appearing for the respondents.
2. The validity and correctness of the order of detention dated 29-01-2020 passed by the District Magistrate, Thoubal District, Manipur is under challenge in this writ petition.
3.1. The allegations as stated in the grounds of detention dated 29-01-2020 are, short, that the detenu is an international drug smuggler and has network of transportation of WY Tablets from across Myanmar into India. The modus operandi of the detenu was the smuggling of WY Tablets rolled into carpets and then, transported to Silchar and Dimapur via Moreh and Imphal. In the statements given by all the accomplices, the name of the detenu has figured as the Kingpin. It came to light when a seizure of drug consignment worth Rs. 400 crore was made by the Thoubal Police on 24-08-2019 which were rolled into carpets and loaded into a DI Truck driven by Md. Hussain who revealed that he was getting the consignment into India upon his instructions. The detenu was arrested based on the information given by the driver of the truck. The total value of drug seizure was estimated to be around Rs. 400 crore for which a case under FIR No. 94(8)2019 TBL-PS u/s. 22(C)/29/60(3) ND & PS Act dated 24-08-2019 was registered by the police. Thereafter, the entire network of drug smuggling was busted at Thoubal and Agartala. The detenu revealed his nexus in the smuggling of WY Tablets into India and confessed that he used to transport WY Tablets from Myanmar to Manipur and then, to Bangladesh. On 28-01-2020, the detenu was granted bail by the Special Judge, ND & PS, Thoubal District, Manipur.
3.2. While in police custody, the order of detention was passed by the District Magistrate, Thoubal District. The driving consideration for his detention, is that the detenu is a foreign national and there is a high chance that he may abscond and travel beyond the jurisdictional reach of the police and he may continue such activities. The scale of his activities is very large. The consignment caught was one of the several consignments which were delivered by him which indicate his links to narco terrorism. Such a large presence of drugs is prejudicial to the security of the State and public order. The drug money is often used to fund insurgent groups and violent activities across the country, especially in Manipur and other parts of North East India. In view of the scale and scope of drug smuggling, it is a threat to the public order.
3.3. The detenu is a dangerous man with dogged determination with cool calculation and malevolent design to disrupt the public order affecting public tranquillity. The detenu is a dangerous and renowned drug smuggler. In view of his prejudicial activities in the immediate past, it is likely that he may continue to act in a manner prejudicial to the maintenance of public order. Normal criminal laws are not sufficient to prevent him from his commission of prejudicial activities. After the order of detention being passed, he was informed that he has the right to make representations to the Government of Manipur as well as the Central Government against it which can be sent through the Superintendent of Police.
4. Being aggrieved by the order of detention, the instant writ petition has been filed by the petitioner questioning it on inter-alia various grounds that when he was arrested at the Airport, no contraband article was seized from his possession; that there is no reasonable ground made in the investigation that he has committed the offence as alleged against him; that there is no any evidence to connect him with the WY tablets seized from the driver, except the statement given by the driver; that no case has been made out against him to justify the detention under the provi