IN THE HIGH COURT OF MANIPUR

AT IMPHAL

W.P. (Crl.) No. 47 of 2023

Wangkhem Sarkar Meitei aged about 38 years S/o (late) W. Nageshwor

Meitei of Wapokpi Chingol Leikai, P.O. & P.S. Sugnu, Kakching District,

Manipur Pin-795101.

… Petitioner

- Versus –

1. State of Manipur, represented by Chief Secretary, Government of

Manipur, Old Secretariat Building, P.O. & P.S. Imphal, District Imphal

West, Manipur – 795001.

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

Secretariat Building P.O. & P.S. Imphal, District Imphal West, Manipur –

795001.

3. Commissioner (Home) Government of Manipur, Babupara, Old

Secretariat Building P.O. & P.S. Imphal, District Imphal West, Manipur –

795001.

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

Revenue, Near North Block, Room No. 26 – Church Road, RFA-Barrack,

New-Delhi-110001.

5. The Superintendent of Manipur Central Jail, Sajiwa near Khabeisoi, P.O.

Porompat, P.S. Heingang, Imphal East District, Manipur.

… Respondents

B E F O R E

HON’BLE THE ACTING CHIEF JUSTICE MR. MV MURALIDARAN

HON’BLE MR. JUSTICE A. GUNESHWAR SHARMA

For the petitioner

:

Mr. Th. Tolpishak, Advocate.

For the respondents

:

Mr.

Th.

Vashum,

G.A.

for

respondent Nos. 1,2,3 & 5.

Mr. W. Darakeshwar, Sr.PCCG for

respondent No. 4.

Date of Hearing

:

23.05.2023

Date of Judgment & order

:

31.05.2023

LAIREN

MAYUM

INDRAJE

ET

SINGH

Digitally signed

by

LAIRENMAYUM

INDRAJEET

SINGH

Date:

2023.05.31

13:25:21

+05'30'

2

O R D E R

A. Guneshwar Sharma, J.

[1]

Heard Mr. Th. Tolpishak, learned counsel for the petitioner; Mr. Th.

Vashum, learned Deputy Government Advocate, appearing for respondent Nos. 1,2,3

& 5; and Mr. W. Darakeshwar, learned Sr. PCCG, appearing for respondent No. 4.

[2]

Mr. Th. Tolpishak, learned counsel for the petitioner/detenu, submits that

the detenu Wangkhem Sarkar Meitei was arrested on 24.05.2022 in connection with

FIR No. 8(5)2022 SGN-PS under Section 21(c)/27A/29/60(3) of ND&PS Act by a police

team of Sugnu-PS and from the car belonging to him, 22 (twenty two) nos. of soap

cases containing brown color powder suspected to be heroin was recovered. The

accused was produced before the Court and remanded to police and then to judicial

custody. The detenu filed a bail application under Section 37 of the ND&PS Act read

with Section 167(2) Cr.P.C for releasing him on default bail as the investigator could

not complete the investigation within the stipulated period of 180 days. Vide order

dated 05.12.2022 in Cril. Misc. (B) Case No. 388 of 2022, the learned Special Judge,

ND&PS, Thoubal, allowed the default bail application.

[3]

During the pendency of the bail application vide order dated 02.12.2022

passed by the Special Secretary (Home), Government of Manipur, detention order

under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic

Substances Act (PIT-ND&PS Act), 1988, was issued for detaining detenu for

preventing him from further involvement in illicit trafficking of narcotic drugs and

psychotropic substances for a period of three months until further orders. Vide letter

dated 05.12.2022, the Special Secretary (Home), Government of Manipur, furnished

3

grounds of detention under Section 3(3) of the PIT-NDPS Act, 1988, to the detenu

and stated that he was involved in the conspiracy and took major role in selling and

transportation of drugs within and outside the State of Manipur, and he was likely to

release on bail in connection with Cril. Misc.(B) Case No. 388 of 2022, and on released

from bail he would likely continue in the illicit traffic of drugs. The detenu submitted

common representation dated 10.01.2023 to the Chief Secretary, Government of

Manipur, and Deputy Secretary (PIT-ND&PS), Government of India, through the

Superintendent, Manipur Central Jail, Sajiwa, for revoking the detention order on the

ground that th