ARIBAM SIDIK ALI Vs. COMMISSIONER (HOME)/SPECIAL SECRETARY (HOME), GOVERNMENT OF MANIPUR AT OLD SECRETARIAT, IMPHAL P.O. & P.S.-IMPHAL, IMPHAL WEST

JUDGEMENT

(1.) The detenu, namely Mr. Aribam Sidik Ali, was arrested on 6/8/2022 in connection with FIR No. 132(08)2022 TBL-PS U/S 21(b)/29 ND and PS Act and from his possession, 12.10 gms of heroin No. 4 was recovered. Vide order dtd. 9/12/2022, the Commissioner (Home), Government of Manipur issued the detention order under Sec. 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act (PIT-ND and PS Act), 1988 for effectively preventing him from further involvement in illicit trafficking of narcotic drugs and psychotropic substances for a period of three months until further orders. It is mentioned that the detenu filed a bail application before the Court of Special Judge (ND and PS), Thoubal and likely to be released on bail and after release on bail, he would continue in illicit trafficking of drugs.

(2.) Vide order dtd. 14/12/2022, the Commissioner (Home), Government of Manipur furnished the grounds of detention to the detenu. Thereafter, vide order dtd. 7/2/2023 issued by the Commissioner (Home), Government of Manipur , the detention order dtd. 9/12/2022 was confirmed and fixed the period of detention for a period of 12 months.

(3.) The detenu submitted 3 (three) similar representations all dtd. 24/3/2023 through the Superintendent of Police, Manipur Central Jail, Sajiwa to (i) the Commissioner (Home), Government of Manipur, (ii) the Chief Secretary, Government of Manipur and (iii) the Deputy Secretary (PIT-ND and PS), Ministry of Finance, Department of Revenue, Government of India. The Government of Manipur rejected the representation dtd. 24/3/2023 on 28/3/2023 and the Government of India rejected the representation vide memorandum dtd. 12/4/2023.