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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
| Table of Content |
|---|
| 1. challenge of detention order under pit-nd&ps act. (Para 1 , 2) |
| 2. arguments regarding procedural violations in detention. (Para 3 , 4) |
| 3. state's position on the authorities' role. (Para 5 , 6) |
| 4. compliance with mandatory provisions of detention procedure. (Para 7 , 8 , 9) |
| 5. requirement for confirmation of detention order within three months. (Para 10 , 11) |
| 6. independent consideration of representation by authorities. (Para 12 , 13 , 14) |
| 7. procedural lapses leading to invalidation of detention. (Para 15 , 16 , 17) |
| 8. delays in representation disposal affect detention validity. (Para 18) |
| 9. set aside of detention order and conclusion. (Para 19 , 20 , 21) |
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
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.
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