NIRMAL SHIL Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The petitioner, hereinafter referred as the detenue, has been detained in pursuance to the order under No.F.15(09)- PD/2018(P)/4205 dated 26.12.2018 Annexure-1 to this petition. under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988, in short PITNDPS Act.

(2.) The grounds of detention as disclosed in the order dated 26.12.2018 are extracted hereunder:

(3.) By virtue of the detention order, the detenue was apprised of his right to make representation to the authority who passed the detention order and also his right to be heard before the Advisory Board as constituted under Section 9 of the PITNDPS Act. In this case, the petitioner did not file any representation within the meaning of Article 22(5) of the Constitution of India which provides that any person is detained in pursuance of an order made under any law providing for preventive detention, the authority making the order shall communicate to such person the grounds on which the order has been made and shall afford him the earliest opportunity of making a representation against the order. The detenue has made a representation to the respondents through the Superintendent of Kendriya Sansodhanagar, Bishalgar stating that except the copy of the detention order dated 26.12.2018, no materials based on which the authority formed their satisfaction in respect of the detention have been supplied to him. The detenue has further stated in the said representation dated 10.08.2019 Annexure-2 to this writ petition. that the detention order is grossly illegal for taking into consideration of the irrelevant materials. According to him, he was never involved in dealing in contraband goods like narcotic drugs or psychotropic substances nor was he engaged in illicit traffic of such contraband goods. The police cases as referred had falsely framed him with mala fide intention and at no point of time, contraband goods were ever seized or found from his possession. But the purpose of making the said representation is non supply of the documents which formed the basis for the detention. For non supply of those documents the detenue has been deprived of making effective representation against the detention order immediately, which is a fundamental right of the detenue in terms of Article 22(5) of the Constitution of India. Further, he has raised a pertinent question that though the detenue was in Khowai Sub-Jail at the time of passing the detention order, but the said order was not served on him before 20.07.2019, whereas the order was issued on 26.12.2018. The detenue has asserted in the said representation that in view of Section 9(b) of the PITNDPS Act, the order of detention was supposed to be placed before the Advisory Board along with the representation made by him, if any, but for nonsupply of materials within the stipulated period he has been deprived of making an immediate and effective representation. Hence, the order of detention has to be revoked for violation of the statutory and the constitutional provisions.