P a g e | 1

W.P.(Cril.) No.11 of 2023

IN THE HIGH COURT OF MANIPUR

AT IMPHAL

W.P.(Cril.) No.11 of 2023

Smt. Lhingneiphal Haokip, aged about 35 years, W/o Jangkhogin

Haokip, resident of Pangmol Village, P.O. & P.S. Sapermeina,

District: Kangpokpi, Manipur presently under detention at Manipur

Central Jail, Imphal, P.O. & P.S. Imphal, District: Imphal West,

Manipur – 795001.

……. Petitioner/s

– Versus –

1. The State of Manipur represented by the Special Secretary

(Home), Govt. of Manipur, Manipur Secretariat, South Block, P.O.

& P.S. Imphal, District: Imphal West, Manipur – 795001.

2. The Union of India represented by Secretary (Finance), Govt. of

India, Ministry of Finance, North Block, New – Delhi – 110001.

3. The Superintendent, Manipur Central Jail, Imphal, P.O. & P.S.

Imphal, District: Imphal West, Manipur – 795001.

…. Respondent/s

KABOR

AMBAM

LARSON

Digitally signed

by

KABORAMBAM

LARSON

Date: 2023.02.21

16:21:09 +05'30'

P a g e | 2

W.P.(Cril.) No.11 of 2023

BEFORE

HON’BLE THE ACTING CHIEF JUSTICE MR. M.V. MURALIDARAN

HON’BLE MR. JUSTICE A. GUNESHWAR SHARMA

For the Petitioner

: Mr. L. Shashibhushan, Advocate

For the Respondents : Mr. Th. Vashum, GA for Respondent Nos.1 & 3

Mr. S. Samarjeet, Sr. PCCG for Respondent No.2

Date of Hearing

: 08.02.2023

Date of Judgment &

Order

: 21.02.2023

JUDGMENT & ORDER

(CAV)

(A. Guneshwar Sharma, J)

The petitioner was detained under Section 3 (1) of Prevention of

Illicit Trade in Narcotic Drugs and Psychotropic Substance Act (PIT– ND&PS

Act, 1988) for effectively preventing her from further involvement in illicit

trafficking of narcotic drugs and psychotropic substance for a period 3(three)

months till further orders.

[2]

It is stated that the petitioner had filed a bail application in the

Court of Learned Special Judge (ND&PS), Senapati, Manipur in connection

P a g e | 3

W.P.(Cril.) No.11 of 2023

with FIR No.16(03)2022, KPI PS under Section 21(b)/29/60(3) of ND&PS

Act. It is stated that in the detention order dated 13.12.2022 (Annexure A/1)

and vide letter dated 15.12.2022 (Annexure A/2), the detenue was informed

about the grounds of her detention under PIT-ND&PS Act, 1988. It is also

stated that the detenue is a habitual drug peddler and selling drugs to the

addicted persons/youths in and around Kangpokpi area and earning huge

money by operating in her Pan Shop.

[3]

The petitioner submitted a representation dated 13^th January,

2023 to the Chief Secretary, Govt. of Manipur through the Superintendent of

Jail, Sajiwa, Imphal and also similar representation dated 13^th January, 2023

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

Revenue, New Delhi. Vide order dated 25^th January, 2023 passed by the

Commissioner (Home), Govt. of Manipur, the representation dated 13^th

January, 2023 submitted by the detenue was rejected.

[4]

The detention order is challenged amongst on the following

grounds:

P a g e | 4

W.P.(Cril.) No.11 of 2023

1)

The detention order dated 13.12.2022 (Annexure A/1) is

non-application of mind inasmuch as the petitioner was

not likely to be released on bail.

2)

There was no cogent material for possibility of petitioner

being released on bail in the face of the provision of

Section 37 of the ND&PS Act.

3)

The detention order is also vitiated on account of

withholding

or

suppression

of

statements

of

the

Investigating Officer, Seizure Witnesses, Co-accused in

the said FIR.

4)

The detention order is liable to be set aside inasmuch as

the detaining authority failed to furnish the statements of

the Investigating Officer, Seizure Witnesses, Co-accused

which are materials and vital documents having a bearing

in the issue and for making effective representation

thereby violating the right provided under Article 25(5) of

the Constitution of India.

P a g e | 5

W.P.(Cril.) No.11 of 2023