Manipur High Court on Wednesday directed the state government represented by the chief secretary and other authorities to immediately release two detenu detained under ND&PS Act.
Those detenu are Md Nurul Huda (32), son of late Md Noorjaman of Lilong Turel Ahanbi Lou Manga and Md Sajid Ahamed, aged about 20 years, son of (L) Md Rashid Ahamed of Lilong Ushoipokpi Tharaorok, both under Thoubal district.
Md Nurul Huda was arrested on April 28, 2022 in connection with FIR. 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 was remanded to police custody and then to judicial custody. But, the Special Court (NDPS), Manipur released him on default bail on August 31, 2022 as the prosecution could not file a charge-sheet within the stipulated time.
Thereafter, the Special Secretary (Home), government of Manipur, on September 8, 2022 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.
Meanwhile, Md Sajid Ahamed was arrested on April 25, 2022 in connection with FIR No. 25(04)2022 LIL-PS U/S 21(b)/60(3)/29 ND&PS Act on alleged possession of 12 grams of heroin and 13 grams from co-accused Khullakpham Shahid Rahaman. He was remanded to police and then to judicial custody. But, the Special Judge (NDPS), Thoubal released him on default bail as charge-sheet could not be filed within the statutory period.
Thereafter, the detenu was taken into preventive detention under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act (PIT-ND&PS Act), 1988, with an order of August 29, 2022 issued by the Special Secretary (Home), government of Manipur, for preventing him from further involvement in illicit trafficking of drugs.
Being aggrieved to the detention, two detenu filed petition to the HC for releasing them.
The HC stated that while comparing with decisions of the apex court, it is clear that compliance of the statutory provisions should be construed strictly and for any lapses on the part of the authorities, the benefit of the same be given to the detenu. This principle is propounded on the presumption that in preventive detention a person is confined in custody without facing a trial and on the basis of the subjective satisfaction of the authority only.
Further, the Central government could not explain the effective delay of days while disposing of the representation submitted by the detenus.
Accordingly, the HC set aside the order of detention issued by the special secretary (Home), government of Manipur.
