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IN THE HIGH COURT OF MANIPUR

AT IMPHAL

W.P. (Cril.) No. 26 of 2023

Seilenthang Kilong, aged about 31 years, S/o Thangkhosat Kilong, a

resident of Thangkanphai Village, Sardar Hill East Sub-Division, P.O.

& P.S. Saikul, Kangpokpi District, Manipur-795114 (now detained in

Manipur Central Jail, Sajiwa)

…... Petitioner/s

- Versus -

1. The State of Manipur, through the Chief Secretary, Government of

Manipur, South Block, Manipur Secretariat , P.O & P.S. Imphal

Imphal West District, Manipur-795001.

2. The Commissioner (Home), Government of Manipur, South

Block, Manipur Secretariat, Government of Manipur-795001.

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

Block, Manipur Secretariat, Government of Manipur-795001.

4. The Union of India, through 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.

5. The Superintendent, Manipur Central Jail, Sajiwa, Imphal East

District, Manipur-795010.

........Respondent/s

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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. A. Priyokumar Sharma, Advocate

For the respondents

: Mr. O. Ratankumar, Dy. G.A. for the State

and Mr. S. Sarmarjeet, Sr.PCCG for the

Union of India.

Date of Order

: 14.03.2023

O R D E R (Oral)

A. Guneshwar Sharma, J.

[1]

On 15.06.2022, the detenu, namely Seilenthang Kilong, aged

about 31 years, S/o Thangkhosat Kilong, a resident of Thangkanphai

Village, Sardar Hill East Sub-Division, P.O. & P.S. Saikul, Kangpokpi

District, Manipur was arrested by a team of NAB-PS in connection with FIR

No. 26(6)2022 NAB-PS u/s 21(c)/29/60(3) ND & PS Act. From his

possession, 5 packets of brown sugar weighing about 3 kgs were seized

and he was taken into custody. Vide order dated 14.07.2022 in Cril.

Misc.(B) Case No. 42 of 2022, the learned Special Judge (ND & PS),

Senapati, granted bail to the detenu and he was released on interim bail on

medical ground for a period of 2 months for medical treatment.

[2]

After release from bail on medical ground, the Special

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

dated 20.10.2022 for detaining the detenu under Section 3(1) of the PIT-

ND & PS Act for effectively preventing him from further involvement in drug

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trafficking on the ground that after release on bail, he would continue to

indulge in illegal activities of drug trafficking.

[3]

Vide letter dated 24.10.2022, the Special Secretary (Home),

Government of Manipur furnished the grounds of detention to the detenu

and it was stated that the detenu was a habitual offender and being a

police personal, he was involved in illicit trafficking of drugs, the kingpin of

drug racket has to be arrested. Vide order dated 23.12.2022, the State

Government confirmed the detention order dated 20.10.2022.

[4]

The detenu submitted a representation dated 31.01.2023 to

the Chief Secretary, Government of Manipur through the Superintendent,

Manipur Central Jail, Sajiwa for revocation of the detention order with a

request to send a copy of the same to the Deputy Secretary (ND & PS),

Ministry of Finance, Department of Revenue, Government of India, New

Delhi for kind consideration.

[5]

Vide order dated 08.02.2023, the Commissioner (Home),

Government of Manipur rejected the represented dated 31.01.2023

submitted by the detenu as being devoid of merit. It was stated that the

representation dated 31.01.2023 of the detenu was forwarded to the

Advisory Board and to the Deputy Secretary (PIT-ND & PS), Ministry of

Finance, Department of Revenue, Government of India, New Delhi.

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[6]

The detention order dated 20.10.2022 was challenged mainly

on the ground that after his released, there was no fresh gr