IN THE HIGH COURT OF MANIPUR

AT IMPHAL

WP(Cril.) No. 46 of 2023

Md. Abdul Matalib

… Petitioner

Vs.

State of Manipur & ors.

… Respondents

B E F O R E

HON’BLE MR. JUSTICE AHANTHEM BIMOL SINGH

HON’BLE MR. JUSTICE A. GUNESHWAR SHARMA

16-06-2023

A. Bimol Singh, J.

[1]

Heard Mr. Shakir Khan, learned counsel appearing for the

petitioner, Mr. Phungyo Zingkhei, learned Dy. GA appearing for the

respondents No. 1, 2 and 5 and Mr. Kh. Samarjit, learned DSGI assisted

by Mr. Y. Paikhomba, learned counsel appearing for the respondents

No. 3 and 4.

[2]

The present petition had been filed by the father of the detenu

assailing the order dated 12-01-2023 passed by the Commissioner

(Home), Government of Manipur, thereby detaining the detenu under

sub-section (1) of Section 3 of the Prevention of Illicit Traffic in Narcotic

Drugs and Psychotropic Substance Act, 1988, as well as the order dated

24-02-2023 passed by the Commissioner (Home), Government of Manipur

thereby confirming the detention of the petitioner and fixing the period of

detention for 12 (twelve) months from the date of detention.

[3]

The brief facts of the present case is that the detenu was

arrested by a Police team of Thoubal P.S. on 08-08-2022 and an FIR being

FIR No. 134(8)2022 TBL-P.S. u/s 21 (b)/ 29 ND & PS Act was registered

against the detenu. While the detenu was in custody, the Commissioner

(Home), Government of Manipur issued the impugned detention order

dated 12-01-2023 thereby detaining the petitioner’s son under sub-section

(1) of Section 3 of the Prevention of Illicit Traffic in ND & PS Act, 1988.

The grounds of detention was furnished to the detenu on 17-01-2023

and on receiving the said grounds of detention, the detenu submitted a

representation dated 14-02-2023 to the Commissioner (Home),

IN. 1

SHOUGRA

KPAM

DEVANAN

DA SINGH

Digitally signed by

SHOUGRAKPAM

DEVANANDA

SINGH

Date: 2023.06.16

14:23:56 +05'30'

Government of Manipur with a request for taking a photocopy of the said

representation and forwarding it to the Deputy Secretary (PIL-ND & PS)

Ministry of Finance, Department of Revenue, New Delhi. On receiving the

said representation and after considering it, the State authorities disposed

of the representation submitted by the petitioner by an order dated 20-02-

2023 issued by the Commissioner (Home), Government of Manipur

thereby rejecting the said representation as being devoid of merit. After

rejection of the representation submitted by the detenu, the Commissioner

(Home), Government of Manipur issued another order dated 24-02-2023

confirming the detention of the petitioner’s son and fixing the period of

detention for 12 (twelve) months from the date of his detention.

It is the case of the petitioner that the representation submitted

by the detenu was forwarded by the State authorities to the respondents

No. 3 and 4 on 17-02-2023 through an e-mail and the respondents No. 3

and 4 disposed of the representation submitted by the detenu only on

13-03-2023 after a delay of about 27 (twenty seven) days.

[4]

The impugned detention order as well as the impugned

confirmation order have been challenged by the petitioner on various

grounds. One of the grounds raised by the counsel for the petitioner is that

the representation dated 14-02-2023 submitted by the petitioner was

disposed of by the concerned authorities of the Central Government after

about 27 (twenty seven) days delay and that no explanation whatsoever

had been given by the respondents No. 3 and 4 about the delay in

disposing of the representation submitted by the petitioner. The learned

counsel for the petitioner vehemently submitted that the unexplained delay

in disposing of the representation submitted by the petitioner vitiates the

impugned detention order and that only on this ground, the impugned

detention order is liable to be quashed and set aside. In support of his

contention, the learned counsel fo