WP(Cril.) No. 25 of 2023: S. Tamereishang

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IN THE HIGH COURT OF MANIPUR

AT IMPHAL

W.P. (Cril.) No. 25 of 2023

Mr. S. Tamreishang, aged about 28 years, S/o S. Angam, a

permanent resident of Litan Sareikhong Village, P.O. & P.S.

Litan, Ukhrul District, Manipur-795145

…... Petitioner/s

- Versus -

1. The State of Manipur represented by the Chief Secretary

(Home), Government of Manipur, Old Secretariat, Babupara,

P.O. & P.S. Imphal, Imphal West District, Manipur- 795001.

2. The Deputy Secretary (PIT-ND & PS), Ministry of Finance,

Department of Revenue, Near North Block, Room No. 26,

Church Road, RFA-Barrack, New Delhi-110001.

3. The Special Secretary (Home), Government of Manipur,

Secretariat, Babupara, Imphal West District-795001.

4. The Superintendent of Police, Central Jail, Old Lambulane,

P.O & P.S. Imphal, Imphal West District-795001.

........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. K. Aaron, Advocate

For the respondents ::

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

and Mr. Kh. Samarjit, learned DSGI

assisted by Mr. Y. Paikhomba,

Advocate for the Central Government.

Date of Hearing

::

15.03.2023

Date of Judgment & Order

::

04.04.2023

WP(Cril.) No. 25 of 2023: S. Tamereishang

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JUDGMENT & ORDER(CAV)

A. Guneshwar Sharma, (J)

[1]

The present writ petition has been filed by the detenu who

was detained under the Prevention of Illicit Traffic in Narcotic Drugs and

Psychotropic Substances Act, 1988 (in short, PIT-ND&PS Act) in

pursuance to an order dated 16.09.2022 passed by the Special Secretary

(Home), Government of Manipur in connection with FIR No. 9(07)2022 LTN

PS u/s 18(b)/29/60(3) ND & PS Act. It is mentioned in the detention order

dated 16.09.2022 that he had filed Cril. Misc. (B) No. 9 of 2022 under the

Special Court (ND & PS), Ukhrul and that “......the accused on release from

jail on bail will continue his illegal activities including illicit trafficking of

drugs which are prejudicial to public order.”

[2]

Vide letter dated 19.09.2022, the Special Secretary (Home),

Government of Manipur intimated the grounds of detention to the detenu

under sub-section (3) of Section 3 of the PIT-ND&PS Act, 1988. It is stated

that the detenu is a habitual drug smuggler arrested by Assam Rifles on

19.07.2022 along with co-accused namely Tongkhothang Khongsai, in

connection with FIR No. 9(7)2022 LTN PS u/s 18(b)/29/60(3) ND & PS Act

and from their possession, 5 Kgs of suspected opium of commercial

quantity were seized and they were handed over to Litan PS along with the

seized items. He had numerous talks with the co-accused over phone. It is

stated that there is possibility of the detenu to be released on bail in

WP(Cril.) No. 25 of 2023: S. Tamereishang

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connection with Cril. Misc. (B) Case No. 9 of 2022 and on release on bail,

he would likely to indulge in the same activities of illicit trafficking of drugs

which are prejudicial to public order. As such, he was detained under

Section 3(1) of the PIT-ND & PS Act in order to prevent him from further

involvement.

[3]

Vide order dated 05.12.2022, the Special Secretary (Home),

Government of Manipur confirmed the detention order dated 16.09.2022

and further fixed the period of detention for 12 (twelve) months from the

date of his detention. The detenu did not file any representations to both

the State and Central authorities.

[4]

In the writ petition, only the confirmation order dated

05.12.2022 is challenged. The main ground for challenge in the present

petition is that the detention order dated 16.09.2022 and subsequent

confirmation order dated 05.12.2022 are without any cogent materials and

have been passed arbitrarily, mechanically and in a routine manner without

application of judicious mind. The same is in viol