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IN THE HIGH COURT OF MANIPUR

AT IMPHAL

W.P. (Cril.) No. 35 of 2023

Lhunthanglen Touthang, aged about 40 years, S/o (L)

Thongpao

Toathang

of

Chamol

Village,

Chapikarong,

Chandel-District, a/p Vajing Village, Churachandpur-District,

Manipur

…... Petitioner/s

- Versus -

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

Government of Manipur, Babupara, Old Secretariat Builoding,

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. The Superintendent of Manipur Central Jail, Sajiwa, at Sajiwa

near Khabeisoi, P.O. Porompat, P.S. Heingang, Imphal East

District, Manipur-795001.

4. 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.

........Respondent/s

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. L. Diko, Advocate junior to

Mr. L. Seityandra, Advocate.

For the respondents ::

Mr. Th. Vashum, G.A. for the State

and Mr. S. Vijayanand Sharma, Sr.

PCCG for the Central Govt.

Date of Order

::

29.03.2023

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ORDER (ORAL)

A. Guneshwar Sharma, (J)

[1]

The detenu, namely Lhunthanglen Thouthang, was arrested

on 29.06.2022 by a team of NAB-PS in connection with FIR No.

27(06)2022 NAB-PS u/s 21(c)/29/60(3) ND & PS Act read with 400 IPC at

Kwakta Bazar, Bishnupur District. From his possession, one sack

containing 110 numbers of soap caps each containing suspected Heroin

Powder No. 4 weighing altogether 1.375 kgs and the detenu was

remanded to judicial custody. While he was in custody, the Special

Secretary (Home), Government issued the detention order dated

08.08.2022 under Section 3 (1) of the PIT-ND & PS Act to the detenu for

effectively preventing him from involvement of illicit trafficking of drugs for a

period of 3 months until further orders. It is stated that the detenu filed a

bail application before the Special Court (ND & PS), Bishnupur and the

detenu being a cadre of Kuki Liberation Army (KLA) under SoO and also

being a habitual drug trafficker would continue his illegal activities even

after his release.

[2]

Vide letter dated 12.08.2022, the Special Secretary (Home),

Government of Manipur furnished the grounds of detention to the detenu.

The detenu submitted a common representation dated 12.09.2022 to the

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

Revenue, Government of India, New Delhi and to the Chief Secretary,

Government of Manipur for revocation of the detention order stating that he

is totally innocent and not related with the alleged seized contrabands. It is

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stated that the bail application was rejected by the learned Special Judge

(ND & PS), Bishnupur on 08.09.2022. Vide order dated 07.11.2022, the

Special Secretary (Home), Government of Manipur confirmed the detention

order dated 08.08.2022 and fixed the period of detention for 12 months

from the date of detention.

[3]

The detention order was challenged mainly amongst the

following grounds that:

(i) Non-application of mind while passing the detention

order;

(ii) Violation of mandatory provisions of the PIT-ND &

PS Act, 1988; and

(iii) The Central Government has not passed any order

on the representation.

[4]

The State Government filed counter affidavit to the petition

wherein it is stated that the detenu was a hardened criminal involved in

multiple cases of drug trafficking and from his possession 1.375 kgs of

heroin No. 4 was recovered and he being a cadre of Kuki Militant under

SoO, there is likely of him in threatening the witness and others. There is

not much delay on the part of the Stat