WP (CRIL) NO.8 OF 2023 (ORAL)

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IN THE HIGH COURT OF MANIPUR

AT IMPHAL

WP (Cril) No.8 of 2023

Mr.Jangminlen Guite, aged about 34 yrs

s/o Seingam Guite, a permanent resident

of B.Vengnom Village, Churacandpur District

Manipur-795135

… Petitioner

-Versus-

1.

Union of India, represented by Secretary,

Ministry of Finance, Dept of Revenue,

North Block, Room No.26 Church Road,

RFA Barracks, New Delhi 110001.

2.

The Deputy Secretary (PIT-ND & PS),

Ministry of Finance, Department of

Revenue, Near North Block, Room

No.26, Church Road, RFA Barracks,

New Delhi 110001.

3.

State of Manipur, represented by the

Chief Secy, Govt of Manipur, Babupara,

Imphal-795001

4.

Special Secretary (Home),

Government of Manipur, Babupara,

Imphal-795001

… Respondents

BEFORE

HON’BLE THE ACTING CHIEF JUSTICE MR.MV MURALIDHARAN

HON’BLE MR. JUSTICE A.GUNESHWAR SHARMA

For the petitioner

:

Mr.L.Shashibhushan, Advocate

Mr.G.Khupchinpao, Advocate

For the respondents :

Mr.Boboy Potsangbam, CGSC &

Mr.Th.Athouba, GA

WP (CRIL) NO.8 OF 2023 (ORAL)

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Date of hearing/

:

13.02.2023

Judgment/order

JUDGMENT AND ORDER

A.Guneshwar Sharma,J.

Heard Mr.L.Shashibhushan, learned counsel for the

petitioner, Mr.P.Boboy, learned counsel for respondent Nos.1 and 2 and

Mr.Athouba, learned Government Advocate for the State respondent

Nos.3 and 4.

[2]

The petitioner, who is the husband of the detenu namely,

Mrs Nemneilam @ Lalam Guite, who was detained vide order dated

29.09.2022 issued by the Special Secretary, Home, Government of

Manipur under Sub Section (1) of Section 3 of the Prevention of Illicit

Traffic in Narcotics Drugs and Psychotropic Substances Act, 1988, in

connection with FIR No.19(05) 2022 NAB PS under Section

21(c)/29/ND&PS Act. She was arrested on 13.05.2022 by a team of

NAB PS and detained on the ground that on release on bail in

connection with Cril Misc (B) Case No.35 of 2022 in the Court of Special

Judge, ND & PS, Churachandpur, she would continue in her illicit

activities of illicit drug trafficking.

On 23.12.2022, the Commissioner (Home), Government

of Manipur issued grounds of detention that she was involved in

multiple instances in the proximate past and she could not be dealt by

normal criminal proceedings. The detention was confirmed for one

year. On 04.10.2022, Special Secretary (Home), Government of

Manipur issued grounds of her detention. It is stated that the detenue

is a hard core member of a drug cartel and did not cooperate with the

investigation and refused to reveal the identity of the other persons.

WP (CRIL) NO.8 OF 2023 (ORAL)

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It is stated that the detenue was a habitual offender and

with her co accused, she had involved in many activities including illicit

trafficking of drugs.

It is stated that the detenue had filed a Cril Misc (B) Case

No.25 of 2022 before the Special Judge (ND & PS), Thoubal and there

is a real possibility of her release on bail and on release she could

intimidate and influence and temper with evidences and likely to

indulge in the same activities of illicit trafficking of drugs. In order to

curb her illegal activities she was detained under Section 3 (1) of the

PIT-NDPS Act, 1988. It is informed that the decenue can file

representation before the Advisory Board. On 10.11.2022 the detenue

submitted two representations, (1) to the Deputy Secretary (PIT-

ND&PS), Ministry of Finance, Department of Revenue, New North Block,

Room No.26, Church Road, RFA Barrack New Delhi and (2) to the Chief

Secretary, Govt of Manipur, Imphal, Manipur for revocation and

cancellation of her detention order. In the representations it is stated

that no drug was recovered from her and she was never involved in

drug trafficking in earlier occasion and there is no likelihood of being

released her on bail