Manipur High Court
Shri Aslam Shah vs The State Of Manipur Represented ... on 17 February, 2023
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
W.P. (Cril.) No. 9 of 2023
Shri Aslam Shah, aged about 23 years, S/o Najir Shah,
resident of Lilong Khunou, P.O. & P.S. Lilong, District:
Thoubal, Manipur presently under detention at Manipur
Central Jail, Sajiwa, P.O. Lamlong, P.S. Heingang, District:
Imphal East , Manipur - 795102.
...... Petitioner/s
- Versus -
1. The State of Manipur represented by the Special Secretary
(Home), Government 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),
Government of India, Ministry of Finance, North Block, New
Delhi - 110001.
3. The Superintendent, Manipur Central Jail, Sajiwa, P.O.
Lamlong, P.S. Porompat, District: Imphal East , Manipur -
795114.
........Respondent/s
B E F O R E
HON'BLE THE ACTING CHIEF JUSTICE M.V. MURALIDARAN
HON'BLE MR. JUSTICE A. GUNESHWAR SHARMA
For the petitioner :: Mr. L. Shashibhushan, Adv.
For the respondents :: Mr. Th. Vashum, G.A. and Mr. S.
Kaminikumar, CGC
Date of Order :: 17.02.2023
WP(Cril.) No. 9 of 2023 Page 1
ORDER(ORAL)
A. Guneshwar Sharma, (J)
[1] The petitioner was arrested on 28.09.2022 at about 2:00
am in connection with FIR No. 65(09)2022 LIL-PS U/S 21(C)/60(3) ND &
PS Act by a team of Lilong P.S. while conducting routine mobile patrolling
in an area of Lilong Turel Ahanbi Yangbi Leikai. From his possession 32
Nos. of "ANREX-CP" Cough Syrup bottles containing 10 mg codeine
phosphate each in every 5 ml were seized and he was remanded to police
custody and later on judicial custody by a Special Judge, ND & PS,
Thoubal. During interrogation in police custody, it was stated that the
petitioner was a member of an organized partnership of trafficking illicit
item. He was connected with other accused arrested in connection with FIR
No. 41(06)2022 LIL-PS U/S 21(b)/18(c) ND & PS Act. It was stated that he
would likely to be released on bail in connection with Cril.Misc.(B) Case No.
348 of 2022 and on release, he would continue in the illicit drug trafficking
and he was detained under Section 3 of the of the NIT-ND & PS Act in
order to prevent him from further involvement. The petitioner was detained
while he was in police custody and he was issued the detention order
dated 20.10.2022 under Section 3 (1) of the PIT-ND & PS Act by the
Special Secretary (Home), Government of Manipur. On 24.10.2022, he
was given the grounds of detention.
[2] The petitioner submitted 2 (two) similar representations both
dated 10.01.2023 through the Superintendent of Jail, Sajiwa, Imphal to the
Chief Secretary, Government of Manipur and to the Deputy Secretary (PIT-
ND & PS), Ministry of Finance, Department of Revenue, Government of
India for setting aside the detention and setting liberty. It is stated that he
was wrongly detained without any material and he did not have any past
criminal activities especially with respect to the illicit trafficking of drugs.
WP(Cril.) No. 9 of 2023 Page 2
[3] The main ground in the petition is that the detention order is
based on irrelevant ground and non-application of mind and that the
respondent Nos. 1 & 2 have failed to dispose of the representation till date
and the petitioner prayed that the detention may be set aside. The State
Government filed a reply stating that the petitioner was detained in order to
prevent him from further involvement in illicit trafficking of drugs on his
release from bail.
[4] The representation dated 10.01.2023 was considered and
rejected on 13.01.2023 by the State Government. It is stated that there is
no delay on the part of the State Government. The Central Government
has not filed any reply and during the course of hearing, Mr. S.
Kaminikumar, learned CGC submits that he has no specific instruction from
the Central Government in this matter.
[5] Mr. L. Shashibhushan, learned counsel for the petitioner,
submits that the Central Government has failed to dispose of the
representation dated 10.01.2023 submitted by the petitioner without
assigning any reason. He prays that the detention order is liable to be side
aside on this ground. He relied upon the order passed by the Hon'ble
Supreme Court in the case of Ranbir Singh vs. T. George Joseph,
District Magistrate, Meerut & Anr. reported in 1990 (Suppl.) SCC 54
where it was held that failure of the authorities to consider the
representation made by the petitioner makes his continued detention is
illegal and constitutionally impermissible.
[6] We have heard the learned counsel for the parties and
perused the materials available on record.
WP(Cril.) No. 9 of 2023 Page 3
[7] It is seen that the representation dated 10.01.2023 submitted
by the petitioner through jail authority to the Central Government has not
been considered and disposed of till date. Even para-wise comment was
also submitted to the Deputy Secretary (PIT-ND & PS), Ministry of Finance,
Department of Revenue, Government of India on 18.01.2023 by the State
Government. This long inaction on the part of the Central Government in
considering and disposing of the representation of the petitioner renders
the detention order impermissible and illegal.
[8] Reference may be made to the judgment passed by the
Hon'ble Supreme Court in the case of Rajammal v. State of T.N. reported
in (1999) 1 SCC 417: 1999 SCC (Cri) 93, at page 421 and Sarabjeet
Singh Mokha v. The District Magistrate, Jabalpur reported as
MANU/SC/1011/2021 where it was held that unexplained and inordinate
delay in disposing the representation vitiates the detention order.
Accordingly, the detention order dated 20.10.2022 passed by the Special
Secretary (Home), Government of Manipur, detaining the petitioner is set
aside and the petitioner be released from detention if not required in any
other case.
Accordingly, writ petition is allowed and disposed of. No cost.
JUDGE ACTING CHIEF JUSTICE
joshua
KH. JOSHUA Digitally signed by KH.
JOSHUA MARING
MARING Date: 2023.02.21
16:16:07 +05'30'
WP(Cril.) No. 9 of 2023 Page 4
