The Manipur High Court has set aside detention orders of two detenu that were arrested under the Narcotic Drugs and Psychotropic Substances Act (PIT-ND & PS Act), 1988 and released them.
Jamgoulen Haokip of Kingkin village, Churachandpur district was arrested on May 9, 2022 in connection with FIR No 17(5)2022 KPI-PS u/s 21(c)/29/60(3)/ NDPS Act and from his possession, 212 soap cases containing suspected Heroin No 4 of 2.131 kg were recovered.
When the detenu was under judicial custody, the special secretary (Home), government of Manipur on November 25, 2022, issued a detention order detaining Jamgoulen Haokip, under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act (PIT-ND&PS Act), 1988 for preventing him from further involvement in illicit trafficking of narcotic drugs and psychotropic substances.
But the detention order was furnished to the detenu on December 6, 2022. As per the provisions of Section 3(3) of the PIT-NDPS Act, ordinarily the ground of detention should be furnished within five days and in exceptional circumstances and for reasons to be recorded in writing not later than 15 days from the date of detention.
The High Court viewed that the detention order is bad for violation of the mandatory provisions of Section 3(3) of the PIT-NDPS Act. Moreover, a detention order dated 25.11.2022 was furnished to the Central Government vide letter dated 08.12.2022 and the same was received on 09.12.2022 by the Central Government. There is a 4 days delay in furnishing the detention order to the Central Government and as per Section 3(2) of PIT ND&PS Act, such information should be forwarded to the Central Government within 10 days. So, there is a violation of the mandatory provisions of Section 3 (2) of the Act.
Another detenu, Aribam Sidik Ali of Sangaiyumpham Idigah Yangbi Leikai, Thoubal district was arrested on August 6, 2022 in connection with FIR No. 132(08)2022 TBL-PS U/S 21(b)/29 ND & PS Act and from his possession, 12.10 gm of heroin No. 4 was recovered.
On December 9, 2022, the Commissioner (Home), government of Manipur issued the detention order under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act (PIT-ND & PS Act), 1988 for effectively preventing him from further involvement in illicit trafficking of narcotic drugs and psychotropic substances for a period of three months until further orders.
“There is no delay on the part of the state government in dealing with the detention of the detenu. However, it took 19 days for the Central government to decide on the representation dated 24.03.2023. The period from 24.03.2023 to 31.03.2023 (7 days) has been explained as the time taken for receiving the representation as well as para-wise comment from the state government. Hence, it took 12 (twelve) effective days for the Central government to dispose of the representation. These 12 days’ delay has not been satisfactorily explained by the Central Government in the memorandum dated 12.04.2023 nor in the counter affidavit submitted before this Court”, stated the HC.
The Central government could not explain the delay of 12 days taken while disposing of the representation even after receiving para-wise comment. On this ground alone, the detention order cannot be sustained and set aside the detention order of Aribam Sidik.
