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2023 Supreme(Online)(MANIPUR) 366
HIGH COURT OF MANIPUR
AHANTHEM BIMOL SINGH, A. GUNESHWAR SHARMA, JJ
Md. Jahiya Khan – Appellant
Versus
The Union of India – Respondent
W.P.(Crl.) No. 58 of 2023
For the Petitioner: Mr. Th. Jugindro
For the Respondents: Mr. S. Samarjeet, Sr. PCCG, Mr. Phungyo Zingkhei, Dy. G.A.
The court emphasized strict adherence to procedural safeguards in preventive detention, ruling that non-compliance invalidated the detention order.
Headnote:(A) Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 - Section 3(1), Section 3(3), Section 9(b) - Detention order issued on ground of non-application of mind and violation of mandatory provisions. - Grounds raised in petition included absence of material for detention, delay in representation disposal, non-mention of detention period. (Paras 2, 6, 19)
(B) Constitution of India - Article 22(4) - Detention period exceeding three months requires prior confirmation from the Advisory Board. Confirmations must occur within statutory time frames. Court reiterates need for timely processing of representations to protect individual liberties. (Paras 10, 19)
Facts of the case:
Petitioner challenged detention under PIT-ND&PS Act, indicating procedural lapses in issuance and confirmation of the detention order that failed to adhere to mandatory provisions. The petitioner alleged a violation of rights and possible malicious intent behind the detention order.
Findings of Court:
Detention order and confirmation were set aside as they contravened procedural safeguards laid out in law, underlining the necessity of compliance with statutory mandates in preventive detention matters.
Issues: Examination of whether the detention order was lawful given the alleged violations of the PIT-ND&PS Act and constitutional rights.
Ratio Decidendi: Court found non-compliance with statutory requirements counterproductive to the intent of the preventive detention law, thus necessitating the annulment of the detention order.
Result: Detention order set aside, and the petitioner released from detention.
| Table of Content |
|---|
| 1. overview of detention order and its challenges. (Para 1 , 2) |
| 2. arguments regarding detenu's past and defense against detention. (Para 3 , 4 , 5) |
| 3. court's framework compliance with procedural statutes. (Para 6 , 7 , 8 , 9) |
| 4. case law supporting the necessity of compliance in detention. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 5. final ruling on the validity of the detention order. (Para 18 , 19) |
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 violation of mandatory provisions of the PIT-ND&PS Act. Heard Mr. Th. Jugindro, learned counsel for the petitioner; Mr. S. Samarjeet, learned Sr. PCCG for respondent Nos. 1 & 2; and Mr. Phungyo Zingkhei, learned Dy. Government Advocate for respondent No. 3.
[2] Mr. Th. Jugindro, learned counsel for the petitioner, submits that the detenu was arrested earlier on 01.07.2017 in connection with FIR No. 214(7) 2017 PRT-PS u/s 21(b) ND&PS Act on allegation of possession of 150 grams of Heroin No. 4 and charge sheet was filed on 22.09.2022 and he is facing trial in connection with Spl. Trial No. 5 of 2022 in the Court of Special Judge, ND&PS, Manipur at Lamphelpat. He was released on bail in this F.I.R. It is also alleged that on 08.12.2021, officers of NCB, Imphal, recovered 10.39 kg of Methamphetamine Crystal from the possession of two persons at Imphal International Airport while going to Chennai and it was alleged that the contrabands were given by the detenu to these two persons. On the basis of the recommendation of the Sponsoring Agency i.e. NCB, Guwahati, the Joint Secretary to the Government of India, Ministry of Finance, Department of Revenue (PITNDPS UNIT) issued detention order dated 28.12.2022 for taking into prevention of the detenu under Section 3 (1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act (PIT-ND&PS Act), 1988 for preventing from engaging in illicit trafficking of narcotic drugs & psychotropic substances. Since the detenu was on bail and was not residing at his given addresses, the detention order could not be served to him and he was taken into custody only on 06.03.2023 from the Lamphel Court Complex when he came to appear for the trial before the Court. The grounds of detention dated 28.12.2022 was furnished to him on 08.03.2023. Vide letter dated 17.03.2023, the Under Secretary, Government of India, Ministry of Finance, Department of Revenue, PIT-NDPS Division, referred the matter to the Advisory Board, Manipur under Section 9 (b) of the PIT-NDPS Act, 1988 and vide opinion dated 25.04.2023 the Board found sufficient reasons for detaining the detenu. The detenu submitted three separate representations all dated 30.03.2023 through the Superintendent, Manipur Central Jail, Sajiwa to (i) the Joint Secretary (PIT NDPS), Government of India; (ii) the Secretary, Government of India, Department of Revenue, Ministry of Finance; and (iii) the Chairman, PIT NDPS Advisory Board, Manipur. Vide memorandum dated 20.04.2023, the Detaining Authority rejected the representation dated 30.03.2023 submitted by the detenu and again vide memorandum dated 26.05.2023, Secretary (Revenue), Government of India, also rejected the representation dated 30.03.2023 submitted by the detenu. Vide order dated 16.05.2023 issued by the Deputy Secretary, Government of India, Ministry of Finance, Department of Revenue, PITNDPS Division, the detention order dated 28.12.2022 was confirmed and fixed the period of detention for a period of one year from the date of detention i.e. 06.03.2023. The detention ord
