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AHANTHEM BIMOL SINGH, A. GUNESHWAR SHARMA
Md. Jahiya Khan S/o Jakir Khan @ Hussain – Appellant
Versus
Union of India represented by the Joint Secretary (PIT-NDPS), Government of India, New Delhi – Respondent
JUDGMENT AND ORDER :
A. Guneshwar Sharma, J.
[1] By the present petition under Article 226 of the Constitution, the petitioner has challenged the impugned detention order dated 28.12.2022 issued by the Joint Secretary, Government of India, Ministry of Finance, Department of Revenue, New Delhi, under Section 3 (1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act (PIT-ND&PS Act), 1988 whereby detaining the detenu under preventive detention on the ground of non-application of mind and violation of mandatory provisions of the PIT-ND&PS Act. Heard Mr. Th. Jugindro, learned counsel for the petitioner; Mr. S. Samarjeet, learned Sr. PCCG for respondent Nos. 1 & 2; and Mr. Phungyo Zingkhei, learned Dy. Government Advocate for respondent No. 3.
[2] Mr. Th. Jugindro, learned counsel for the petitioner, submits that the detenu was arrested earlier on 01.07.2017 in connection with FIR No. 214(7) 2017 PRT-PS u/s 21(b) ND&PS Act on allegation of possession of 150 grams of Heroin No. 4 and charge sheet was filed on 22.09.2022 and he is facing trial in connection with Spl. Trial No. 5 of 2022 in the Court of Special Judge, ND&PS, Manipur at Lamphelpat. He was rel
The detention order must be based on the detaining authority's subjective satisfaction, and delay in disposal of the representation by the State Government and non-consideration of the representation....
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.
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.
Non furnishing of documents is not fatal and also to project that likelihood of release on bail may not be a consideration.
The failure to consider a detenue's representation against preventive detention violates Article 22(5) of the Constitution, rendering the detention invalid.
failure to furnish the dossiers and the Police report to the detenu based on which, order of detention was issued, would have a vitiating effect on the detention order.
Preventive detention orders must strictly comply with procedural safeguards, including timely communication of grounds and consideration of representations; non-compliance renders detention invalid.
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