MASLE Vs. STATE OF MANIPUR
HIGH COURT OF MANIPUR
STATE OF MANIPUR
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KH.NOBIN SINGH, J. -
(1.) Heard Shri Th. Jugindro, learned Advocate appearing for the petitioner; Shri N. Kumarjit Singh, learned Advocate General assisted by Shri P. Tamphamani and Shri A. Vashum, learned Government Advocates appearing for the respondent Nos.1 and 2 and Shri S. Suresh, learned ASG appearing for the Union of India.
(2.) The validity and correctness of the order of detention dated 09.08.2018 issued by the Deputy Secretary (Home), Government of Manipur is under challenge in this writ petition.
(3.) Facts of the case as alleged in the writ petition, are that on 30.05.2018 at about 11:30 AM the detenu left his residential home for appearing before the Court of District and Sessions Judge, Thoubal in connection with a case registered under FIR No. 60(5)2018 LIL P.S. u/s 148/149/189/353/354/34 IPC. While he was waiting for his case being taken up by the Court of District and Sessions Judge, Thoubal, at about 12:05 PM, the police personnel of NAB led by Dy. Superintendent of Police, Th. Brinda arrested him and one of the police personnel started conducting body search upon him. He questioned why he was being meted out such a treatment. However, he was taken to NAB police station located at Imphal where he was interrogated and during the course of interrogation, he told the police personnel that he is a retired Government employee; an executive member of the Orphan Home situated at Lilong Authokhong and Thoubal District Kabadi Association and also, the President of Haji Halim Mahalla Committee.
3.2. While the detenu was being kept in the Lockup, the police personnel of NAB informed him that he was booked under the Narcotic Drugs and Psychotropic Substances Act for alleged involvement in drug trafficking in connection with a case registered under FIR case No. 37(5)2018 NAB-PS u/s 21(C)/22(C)/25/27A/29 r/w 68 Y NDPS. On the next day i.e., 31.05.2018, the detenu was produced before the Special Judge, ND and PS, Manipur who remanded him in the judicial custody and since then, the detenu has been in judicial custody. While in custody, the order of detention dated 09.08.2018 was issued but a copy thereof was served upon him only on 20.08.2018 by one of the jail staff without any communication of the grounds of detention and on that day, he came to know that he had been detained under Section 3 of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotrophic Substances Act (PIT ND and PS Act), 1988 (hereinafter referred to as "the Act")..
3.3. On being informed by one of his jail inmates, he submitted three representations dated 27.08.2018-one, to the Chief Secretary, Manipur; two, the Deputy Secretary (Home), Government of Manipur and three, to the Secretary, Ministry of Home Affairs, Government of India, wherein it has been specifically stated that the grounds of detention were not communicated to him at all and therefore, the order of detention of the detenu was illegal. ;
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