SHRI MEHUL DESAI Vs. JOINT SECRETARY

JUDGEMENT

(1.) Heard Mr. L. Shashibhushan, learned senior Advocate assisted by Md. Fakharuddin, learned counsel appearing for the petitioner; Mr. B.R. Sharma, learned CGSC appearing for the respondents No. 1 and 2 and Mr. Th. Vashum, learned GA appearing for the respondent No. 3.

(2.) The facts of the present case, in a nutshell, are that the petitioner was arrested by a combined team of Narcotic Crime Bureau, Imphal and Narcotic Crime Bureau, Guwahati on 5/8/2023 from his residence in connection with a case being NCB Crime No. 02/NCB/Imp/2023 u/s 8(c) and 9(a) read with Sec. 21(c), 25A and 29 of the ND and PS Act, 1985 registered by the Narcotic Crime Bureau at Imphal, Manipur. The said case was registered in connection with seizure of a commercial quantity of pseudoephedrine tablets. Subsequent to his arrest, the petitioner was produced before the Special Judge, ND and PS Court on 9/8/2023, which remanded him to police custody and thereafter to judicial custody and the petitioner is still kept in Sajiwa Central Jail, Manipur.

(3.) While the petitioner was under judicial custody, the petitioner filed a bail application before the Special Judge, ND and PS, Manipur, for releasing him on bail, however, the same was rejected by the said court by an order dtd. 30/11/2023. Thereafter, the petitioner again filed another bail application before this court for releasing him on bail and the said bail application is still pending. While the petitioner was still in judicial custody in connection with the above mentioned criminal case, the respondent No. 1 passed the Detention Order dtd. 28/2/2024 directing for detaining the petitioner in Sajiwa Central Jail, Manipur, in exercise of the power conferred by Sec. 3(1) of the PITND and PS Act, 1988.