KAMRUL NAHAR (MST.) Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. S. Sarkar, learned counsel appearing for the Detenue as well as Mr. S. Debnath, learned Addl. P.P. appearing for the respondents No. 1 to 4. Mr. H. Deb, learned Asst. S.G. has appeared on earlier occasion for the Union of India to submit that the Union of India has received a copy of the detention order in the due course.

(2.) The detenue has been detained under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (PIT NDPS Act, in short) by the order dated 09.08.2019 under No.F.15(9)-PD/2019(P-III) Annexure-6 to this petition. on the purported grounds of nefarious activities in trafficking of NDPS and forming illegal business ring for proliferation of such activities. By means of purported business which is grossly illegal he has enmassed huge land properties. That apart, as it appears from the order dated 09.08.2018 which had been served on the petitioner on 14.08.2019, several pending criminal cases were considered along with the report of the Director General of Police proposing for detention for forming the opinion for detention. The cases which were thus considered are as follows:

(3.) Since 14.08.2019 the detenue is under detention. According to the detenue, he had submitted one representation on 02.09.2019 claiming that he has been implicated in false cases and those were subsequently considered for the purpose of passing the detention order. But Mr. Debnath, learned Addl. P.P appearing for the respondents, particularly for the detaining authority, has submitted that no such representation has been received by the detaining authority ever or at any point of time, and as such there was no question of considering the said representation. It appears that in the course, the materials were placed before the Advisory Board which included grounds for detention other documents. The Advisory Board sent its report dated 25.09.2019 after examination of the records and documents placed before it. It is apparent from the record that the Board was satisfied that there were enough materials for detention as the detenue was indulging in nefarious activities like illicit trafficking of NDPS and further, there was no sign of deterrence. On considering the said report, the detaining authority passed the final order under Section 9 of the PIT NDPS Act confirming the order of detention dated 09.08.2019 issued by the Home Department, Government of Tripura in respect of the detenue observing that the detention period shall continue until the expiration of one year from the date of detention i.e. 14.08.2019.