IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(Cr.) No.933 of 2024 (DB)

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Sikandar Mahtha, aged about 35 years, son of Mukund Mahtha, resident of village-Gidhani, P.O.-Deopur, P.S.-

Jasidih, District-Deoghar. … … Petitioner Versus

1. The State of Jharkhand the Chief Secretary Government of Jharkhand, Project Building, P.O. Dhurwa, P.S.

Jagannathpur, District-Ranchi.

2. The Principal Secretary, Government of Jharkhand, Department of Home, Jail and Disaster Department, Project Building, P.O. Dhurwa, P.S. Jagannathpur, District- Ranchi.

3. The Deputy Commissioner, Deoghar, P.O Deoghar, P.S.

Deoghar Town, District- Deoghar.

4. The Superintendent of Police Deoghar, P.O- Deoghar, P.S.- Deoghar Town, District- Deoghar.

5. The Inspector of police-cum-Officer in charge, Jasidih Police Station, P.O. & P.S.- Jasidih, District, Deoghar.

… … Respondents With W.P.(Cr.) No.1001 of 2024 (DB)

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Banti Mahtha @ Sonu Mahtha, aged about 23 years, son of Gopesh Mahtha, resident of village-Barmasia, P.O.-

Deoghar, P.S.-Deoghar Town, District-Deoghar.

… … Petitioner Versus

1. The State of Jharkhand the Chief Secretary Government of Jharkhand, Project Building, P.O. Dhurwa, P.S.

Jagannathpur, District-Ranchi.

2. The Principal Secretary, Government of Jharkhand, Department of Home, Jail and Disaster Department, Project Building, P.O. Dhurwa, P.S. Jagannathpur, District- Ranchi.

3. The Deputy Commissioner, Deoghar, P.O Deoghar, P.S.

Deoghar Town, District- Deoghar.

4. The Superintendent of Police Deoghar, P.O- Deoghar, P.S.- Deoghar Town, District- Deoghar.

5. The Jail Superintendent, Birsa Munda Central Jail at Hotwar, P.O.-Hotwar, P.S.-Khelgaon, District- Ranchi.

6. The Jail Superintendent, Central Jail, Deoghar, P.O.-

Deoghar, P.S.-Deoghar Town, District, Deoghar.

… … Respondents -------

CORAM : HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON’BLE MR. JUSTICE RAJESH KUMAR -------

For the Petitioner : Mr. Sudhanshu Kr. Deo, Advocate : Mr. Rajesh Kumar, Advocate For the Respondent : Mr. Ashwini Bhushan, A.C. to Sr. SC-II [in WP(Cr) No.933/2024]

: Mr. Deepankar, A.C. to G.P.-III [in WP(Cr) No.1001/2024]

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C.A.V. on 17.07.2025 Pronounced on 08/08/2025 Per Sujit Narayan Prasad, J.

Prayer in W.P.(Cr.) No.933 of 2024

1. This writ petition has been filed under Article 226 of the Constitution of India for quashing the order dated 13.06.2024 passed in Reference No.18/PIT NDPS-25/2024- 3616 by the Principal Secretary, Home, Jail & Disaster Management Department, Government of Jharkhand, Ranchi, under Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (hereinafter to be referred to as the Act,1988) by which the writ petitioner has been directed to be detained in confinement.

During the pendency of the instant writ petition, fresh order was passed on 24.02.2025 by which the detention has been extended for a period of one year from the date of detention which has also been challenged by filing interlocutory application being I.A. No.3449 of 2025 seeking amendment in the writ petition, in the pleading and prayer portion thereof.

The said interlocutory application was allowed vide order dated 03.04.2025.

The amended writ petition has also been filed.

The counter affidavit to the amended writ petition has been filed.

Prayer in W.P.(Cr.) No.1001 of 2024

2. In this writ petition order dated 19.04.2024 passed in Reference No.18/PIT NDPS-10/2024-2402 passed by the Principal Secretary, Home, Jail & Disaster Management Department, Government of Jharkhand, Ranchi, under the Act,1988 has been challenged by which the writ petitioner has been directed to be detained in confinement.

During the pendency of the instant writ petition, fresh order was passed on 24.12.2024 by which the detention has been extended for a period of one year from the date of detention the same has also been challenged by filing interlocutory application being I.A. No.675 of 2025 seeking amendment in the writ petition, in the pleading and prayer portion thereof.

The said interlocutory application was