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IN THE HIGH COURT OF MANIPUR

AT IMPHAL

W.P. (Cril.) No. 6 of 2023

Lunkithang Vaiphei @ Thangkhopu aged about 30 years, S/o

(L) Khawmgen Vaiphei of Boljang Village, PO & PS-

Churachandpur, Churachandpur District, Manipur (Now a

detenu under PIT-ND & PS Act).

…... Petitioner/s

- Versus -

1. The Special Secretary (Home), Government of Manipur at Old

Secretariat, Imphal, P.O. & P.S. Imphal, Imphal West, Pin

Code – 795001, Manipur.

2. The State of Manipur represented by Chief Secretary,

Government of Manipur, at Old Secretariat, Imphal, P.O. &

P.S. Imphal, Imphal West, Pin code-795001, Manipur.

3. The Union of India, through the Deputy Secretary (PIT-ND &

PS), Ministry of Finance, Dept. of Revenue, Near North

Block, Room No. 26, Church Road, RFA-Barrack, New Delhi

– 110001.

........Respondent/s

B E F

O R

E

HON’BLE THE ACTING CHIEF JUSTICE M.V. MURALIDARAN

HON’BLE MR. JUSTICE A. GUNESHWAR SHARMA

For the petitioner

::

Mr. Th. Jugindro, Advocate.

For the respondents ::

Mr. Th. Vashum, G.A. for the State

and Mr. S. Samarjeet, Sr. PCCG for

the Union of India.

Date of Order

::

27.02.2023

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ORDER (ORAL)

A. Guneshwar Sharma, (J)

[1]

The petitioner, who was accused No. 1, in FIR No. 23(5)22

MRG-PSu/s 18(c)/29 ND & PS Act was arrested along with co-accused on

02.05.2022 by a team of Commando, Bishnupur and 4.99 Kgs. of opium

were seized from their possession. He was taken into police custody and

later on, remanded to judicial custody. The petitioner filed a bail application

being Cril.Misc.(B)Case No. 33 of 2022 before the Special Judge (ND &

PS), Bishnupur. While the petitioner was in jail, vide order dated

09.09.2022, the Special Secretary (Home), Government of Manipur, issued

the detention order under Section 3(1) of the Prevention of Illicit Traffic in

Narcotic Drugs and Psychotropic Substances Act (PIT-ND & PS Act), 1988

for effectively preventing him from further involvement in illicit trafficking of

narcotic drugs and psychotropic substances for a period of three months

until further orders.

[2]

Vide letter dated 13.09.2022, the Special Secretary (Home),

Government of Manipur, furnished the grounds of detention to the petitioner

stating that he was involved in trafficking drug racket and on his release, he

would likely to continue in illicit trafficking of drugs.

[3]

The petitioner submitted 2 (two) representations both dated

20.09.2022 to the Chief Secretary, Government of Manipur and to the

Deputy Secretary (PIT-ND & PS), Ministry of Finance, Department of

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Revenue, Government of India, New Delhi through the Superintendent of

Police, Manipur Central Jail, Sajiwa, for revoking the detention order dated

09.09.2022. He denied the allegations made in the detention order and

stated that he was innocent and he was arrested from his house. Vide letter

dated 16.09.2022, the Deputy Secretary (Home), Government of Manipur,

intimated the detention of the petitioner under Section 3 (1) of the PIT-ND &

PS Act, 1988 to the Deputy Secretary (ND & PS), Government of India.

Vide letter dated 28.09.2022, the Deputy Secretary (Home), Government of

Manipur forwarded the representation dated 20.09.2022 submitted by the

petitioner to the Deputy Secretary (PIT-ND & PS), Ministry of Finance,

Department of Revenue, New Delhi.

[4]

Vide letter dated 19.10.2022, the Deputy Secretary (Home),

Government of Manipur, intimated the petitioner that the State Government

rejected the representation submitted by the petitioner. Vide order dated

23.12.2022 passed by the Commissioner (Home), Government of Manipur,

the detention order dated 09.09.2022 was confirmed and fixed the period of

detention for 12 months.

[5]

The petitioner challenged the detention order amongst the

following grounds that:

(a)

The detention order was passed mechanically without

applicat