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IN THE HIGH COURT OF MANIPUR

AT IMPHAL

W.P. (Cril.) No. 4 of 2023

1. Lheineikim

Khongsai,

aged

about

46

years,

W/o

Tongkhothang Khongsai, a resident of Yaolen Chepu Village,

P.O. & P.S. Ukhrul, Ukhrul District, Manipur - 795142

…... PETITIONER/S

- Versus -

1. The State of Manipur represented by the Chief Secretary,

Govt. of Manipur, Old Secretariat Building, Babupara, Imphal

West District, Government of Manipur – 795001.

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

Secretariat

Building,

Babupara,

Imphal

West

District,

Government of Manipur – 795001.

3. The Union of India, through the Deputy Secretary (PIT-NDPS),

Department 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

O R D E R

07.02.2023

[1]

Heard Mr. N. Jotendro, learned senior counsel assisted by Mr.

Murtaza Ahmed, learned counsel for the petitioner. Also heard Mr. A.

Vashum, learned G.A. for respondent Nos. 1 & 2 and Mr. Boboy

Potsangbam, learned CGSC for respondent No. 3.

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[2]

The present writ petition has been filed by the wife of the

detenu Mr. Tongkhothang Khongsai, who had been 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 Litan 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. 8 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.” Vide letter dated 19.09.2022, the State Government

intimated the detenu on the grounds for detention 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 earlier by Assam Rifles in c/w FIR No.

9(11)2018 LTN PS u/s 18(b)/29 ND & PS Act and after being released from

jail on bail, the detenu resumed drug smuggling and arrested while

transporting opium and it is also stated that the detenu is an associate of a

drug racket operated by a syndicate which supply illicit drugs in the State. It

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

and if released on bail, he would indulge in the same activities of illicit

trafficking of drugs which are prejudicial to public order and hence in order

to curb the illegal activities, an alternative preventive measure has to be

taken up.

[3]

The detenu submitted a representation dated 29.09.2022 to

the Superintendent of Prison, Sajiwa Central Jail, Manipur for forwarding

his representation to the State Advisory Board for Prevention of Illicit

Traffic in Narcotic Drugs and Psychotropic Substances, Manipur. In the

said representation dated 29.09.2022 addressed to the Chairman, Advisory

Board for Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic

Substances, Manipur, the detenu stated that the detention order is illegal

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as the detaining authority passed the order mechanically and without

application of mind and further his detention under section 3 (1) of the

Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substance

Act, 1988 is punitive in nature. It is also stated in the said representation

that there is no FIR registered against the detenu except the present FIR

No. 9(7)2022 LTN PS U/S 18(b)/29/60(3) ND & PS Act and he had no

criminal antecedent.

Vide letter dated 31.10.2022, the Deputy Secretary (Home)

Government of Manipur, forwarded the representation