ORDER :

(Sanjay Kumar, CJ.) :

1. Challenge in this writ petition is to the order of detention dated 28.04.2022 passed by the Special Secretary (Home), Government of Manipur, in exercise of power under Section 3 (1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988.

2. Heard Mr. L. Shashibhushan, learned counsel for the petitioner; Mr. Th. Vashum, learned Government Advocate, appearing for the State authorities; and Mr. Kh. Samarjit, learned ASG, appearing for the Union of India.

3. The main ground urged by Mr. L. Shashibhushan, learned counsel, is that, after the petitioner was subjected to preventive detention under the impugned order dated 28.04.2022, he submitted his representation against the same on 30.05.2022 but the said representation was not disposed of till 21.06.2022 by the State and till 04.08.2022, by the Central Government. Learned counsel would contend that this delay on the part of the authorities in disposing of the petitioner’s representation vitiates the order of detention.

4. Reliance is placed on the recent judgment of the Supreme Court in Sarabjeet Singh Mokha Vs. the District Magistrate, Jabalpur, and others [Criminal Appeal No. 1301 of 2021, decided on 29.10.2021]. Therein, the Supreme Court held that the delay of nearly 2 months in disposing of the detenu’s representation was fatal. The Supreme Court noted that simultaneous representations could be made by the detenu to the State and Central Governments, as enunciated in Haji Mohd. Akhlaq Vs. District Magistrate [1988 Supp SCC 538], and observed that even the failure of the State Government to transmit the representation of the detenu to the Central Government within a reasonable time would deprive the detenu of his valuable right to have the detention revoked by the Central Government.

5. In the case on hand, the petitioner admittedly submitted his representation on 30.05.2022. The same was forwarded by the Inspector General of Prisons, Manipur, to the Special Secretary (Home), Government of Manipur, on 01.06.2022. On 02.06.2022, the representation was forwarded to the Director General of Police, Manipur, by the Deputy Secretary (Home) Government of Manipur, requesting him to furnish para-wise comments thereon. The Superintendent of Police, Thoubal District, forwarded his para-wise comments to the Superintendent of Police, Narcotics and Affairs of Border, Manipur, under letter dated 06.06.2022. The Deputy Secretary (Home), Government of Manipur, however, addressed letter dated 15.06.2022 to the Director General of Police, Manipur, requesting him to re-examine the para-wise comments in consonance for the proposal for preventive detention, vide letter dated 28.04.2022, and to draw up a comprehensive report for taking necessary action. Upon receipt of the revised para-wise remarks, the Deputy Secretary (Home), Government of Manipur, addressed letter dated 21.06.2022 to the petitioner stating that upon consideration of the representation dated 30.05.2022, the same was found to be devoid of merit.

It appears that the Government of Manipur forwarded the representation dated 30.05.2022 of the petitioner to the Deputy Secretary (PIT–ND&PS), Ministry of Finance, Department of Revenue, Government of India, New Delhi, only on 22.06.2022. The delay in the dispatch of the representation is stated to have been due to the fact that the State Government prepared para-wise remarks on the said representation for onward transmission to the Central Government and that is the reason why the process took some amount of time. These facts are reflected in the Government files produced by Mr. Th. Vashum, learne