GAHC010023052025

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THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : W.P.(Crl.)/3/2025

RABIA KHATUN

W/O- JOHIRUL ISLAM,

VILL. AND P.O.- RAJMITA,

P.S.- LAKHIPUR,

DIST.- GOALPARA, ASSAM.

VERSUS

THE STATE OF ASSAM AND 5 ORS.

REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.

OF ASSAM, HOME AND POLITICAL, DEPARTMENT, DISPUR, GUWAHATI-

06.

2:THE ADDITIONAL CHIEF SECRETARY TO THE GOVT. OF ASSAM

HOME AND POLITICAL DEPARTMENTS

DISPUR

GUWAHATI-06.

3:THE DIRECTOR OF GENERAL OF POLICE ASSAM

ULUBARI

GUWAHATI-7

4:THE DISTRICT COMMISSIONER

GOALPARA

ASSAM

5:THE SUPERINTENDENT OF POLICE

GOALPARA

ASSAM

6:THE SUPERINTENDENT OF DISTRICT JAIL

GOALPARA

ASSA Advocate for the Petitioner : MR. A M KHAN, MR K J HAZARIKA,MR. R B PHOOKAN,MR P CHOUDHURY,MS P SAIKIA,MR T T MONI Advocate for the Respondent : GA, ASSAM, BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER

ORDER

Date : 02-12-2025 (K.R. Surana,J)

Heard Mr. R.B. Phookan, learned counsel for the petitioner as well as Mr. D. Nath, learned Senior Government Advocate along with Mr. N.

Kalita, learned Government Advocate for the State.

2. By filing this writ petition under Article 226 of the Constitution of India, the petitioner has assailed the impugned Detention Order No.eCF- 558733/123 dated 05.12.2024 of her husband by virtue of which the empowered authority under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (hereinafter referred as PITNDPS Act, for short), in exercise of power under Section 3(1) of the PITNDPS Act, 1988, ordered the detention of the petitioner’s husband namely Johirul Islam, under the PITNDPS Act until further orders.

3. It may be mentioned that during the pendency of this writ petition, the Advisory Board under the PITNDPS Act rendered its opinion dated 17.02.2025, recording its satisfaction regarding available of sufficient grounds for detention of the petitioner under Section 3(1) of the PITNDPS Act. Thereafter, the empowered officer under the PITNDPS Act, by order dated 25.02.2025, confirmed the Detention Order dated 05.12.2024 for a period of one year from the date of detention.

4. Pursuant to notice issued in this writ petition, the State respondent nos. 1 and 2 had filed their affidavit-in-opposition on 02.06.2025 and justified the issuance of the Detention Order dated 05.12.2024 and also informing the Court about the confirmation of the Detention Order on 25.02.2025, on the basis of the opinion dated 17.02.2025 of the Advisory Board under the PITNDPS Act and further informing the Court that the representation submitted by the petitioner was disposed of by the concerned State authorities.

5. The learned counsel for the petitioner has made submission on the basis of the pleadings made in the writ petition and the affidavit-in-reply, specifically urging all the points pleaded therein and supporting the contention that the Detention Order is vitiated due to the delay in disposal of the representation and the fact that the husband of the petitioner was on bail and did not take any steps which would be prejudicial to the interest of the society, the impugned Detention Order is being assailed.

6. The learned counsel for the petitioner has placed reliance on the decision of the following cases:-

1. Ameena Begum vs State of Telengana and others reported in (2023) 9 SCC 587.

2. Sushanta Kumar Banik vs State of Tripura & others reported in 2022 SCC OnLine SC 1333.

3. Alia Begum vs State of Assam and others in W.P.(Crl)

20/2022

4. Jahanara Bibi vs Union of India and others reported in

2025 SCC OnLine Cal 7003.

7. Per contra, supporting the impugned detention order, the learned Senior Government Advocate has submitted that after the representation of the petitioner was received on behalf of her detained husband, the Advisory Board was in seisin of the matter relating to the preventive detention order of the husband of the petitioner and the first meeting was held on 20.01.2025 a