DIPANKAR DATTA, J. - (1.) The Joint Secretary to the Government of India specially empowered under sub -section (1) of Section 3 of the Prevention of Illicit Traffic in Narcotics Drugs and Psychotropic Substances Act, 1988 (hereafter the 1988 Act) issued a detention order dated 22.09.2014 directing that the petitioner be detained and kept in custody in Dum Dum Correctional Home, Kolkata with a view to preventing him from engaging in illicit trafficking of narcotic drugs & psychotropic substances. The said detention order could not be served on the petitioner. The Central Government had reasons to believe that the petitioner had absconded or concealed himself to evade service of the detention order and execution thereof. Consequently, an order dated 01.12.2014 was issued by the under -Secretary to the Government of India, Ministry of Finance (Department of Revenue), in exercise of power conferred by clause (b) of sub -section (1) of Section 8 of the 1988 Act, requiring the petitioner to appear before Shri Swarup Samanta, Investigating Officer, Narcotics Control Bureau, Kolkata Zonal Unit, 4/2, Karaya Road, 3rd Floor, Kolkata - 700017 within 10 days of publication of the order in the Official Gazette.
(2.) Section 3(3) of the 1988 Act mandates the authority passing an order of detention to communicate the order of detention to the detenu. It is clearly mentioned therein that for the purposes of clause (5) of Article 22 of the Constitution, the person detained in pursuance of a detention order shall be communicated the grounds on which the order has been made soon after this detention but ordinarily not later than five days, and in exceptional circumstances and for reasons to be recorded in writing, not later than fifteen days from the date of detention.
(3.) Since the order of detention could not be executed and consequently the petitioner not detained, compliance of the provision of sub -section (3) of Section 3 did not arise.;