W.P.(CRL.) NO. 50 OF 2023

1

IN THE HIGH COURT OF MANIPUR

AT IMPHAL

W.P. (Crl.) No. 50 of 2023

Md. Nurul Huda (32 yrs.), S/o late Md. Noorjaman of Lilong Turel Ahanbi

Lou Manga, P.O. & P.S. Lilong, Thoubal District, Manipur – 795130.

… Petitioner

- Versus –

1. Commissioner (Home) Govt. of Manipur, Babupara, Old Secretariat

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

2. The State of Manipur, represented by the Chief Secretary, Government

of Manipur, Babupara, Old Secretariat Building, P.O. & P.S. Imphal,

District Imphal West, Manipur – 795001.

3. The Superintendent of Manipur Central Jail, at Sajiwa near Khabeisoi,

P.O. Porompat, P.S. Heingang, Imphal East District, Manipur- 795001.

4. The Deputy Secretary (PIT-NDPS) Ministry of Finance, Department of

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

New-Delhi-110001.

… 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. L. Diko, Advocate.

For the respondents

:

Mr. Phungyo Zingkhai, Dy. G.A. for

respondent Nos. 1, 2 & 3.

Mr. S. Vijayanand, Sr.PCCG for

respondent No. 4.

Date of Hearing

:

12.06.2023

Date of Judgment & order

:

21.06.2023

LAIRENMAYUM

INDRAJEET

SINGH

Digitally signed by

LAIRENMAYUM INDRAJEET

SINGH

Date: 2023.06.21 14:40:27

+05'30'

W.P.(CRL.) NO. 50 OF 2023

2

JUDGMENT & ORDER (CAV)

A. Guneshwar Sharma, J.

[1]

Heard Mr. L. Diko, learned counsel for the petitioner; Mr. Phungyo

Zingkhei, learned Dy. Government Advocate, appearing for respondent Nos. 1 , 2 &

3; and Mr. S. Vijayanand, learned Sr. PCCG, appearing for respondent No. 4.

[2]

By the present petition, under Article 226 of the Constitution, the detenu

has challenged the detention order dated 08.09.2022 issued by the Special

Secretary(Home), Government of Manipur, detaining him under Section 3(1) of the

Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act (PIT-

ND&PS), 1988.

[3]

The points for determination involved in the present petition are:

(a) Whether the detention order ought to be confirmed before

expiry of the period of 3 months for further detention as mandated by

Article 22(4) of the Constitution?

(b) Whether unexplained delay in disposal of the representation

submitted by the detenu vitiates the detention as provided under Article

22(5) of the Constitution?

[4]

Mr. L. Diko, learned counsel for the petitioner, submits that the

petitioner/detenu was arrested on 28.04.2022 in connection with F.I.R. No. 71(4)2022

SJM PS U/S 21(b)/60(3) ND&PS Act on alleged possession of heroin No. 4 from his

vehicle and he was remanded to police custody and then to judicial custody. Vide

order dated 31.08.2022, passed by the learned Judge, Special Court (ND&PS),

Manipur in Cril. Misc. (B) Case No. 239 of 2022, the detenu was released on default

W.P.(CRL.) NO. 50 OF 2023

3

bail as the prosecution could not file charge-sheet within the stipulated time.

Thereafter, vide impugned order dated 08.09.2022, the Special Secretary (Home),

Government of Manipur, issued a detention order detaining the detenu under Section

3(1) of PIT-ND&PS Act for preventing him from further involvement in illicit trafficking

of drugs and after released on bail he would likely continue with the illegal activities.

By letter dated 12.09.2022, the Special Secretary (Home), Government of Manipur,

furnished grounds of detention under Section 3(3) of PIT-NDPS Act to the detenu.

Vide order dated 23.12.2022, the Commissioner (Home), Govt. of Manipur, confirmed

the detention order dated 08.09.2022 and fixed the period of detention for 12(twelve)

months from the date of detention. Mr. L. Diko, learned counsel, also submitted that

the detenu make common representation dated 01.03.2023 to the Deputy Secretary

(PIT-ND&PS), Government of India and th