PAONAM DIANA DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. B.K. Mahajan, learned counsel for the petitioner, Mr.S.S. Roy, learned CGC, appearing for respondent no. 1 and Mr. T.C. Chutia, learned Additional Senior Government Advocate appearing for the State respondent nos. 2 to 8.

(2.) By filing this habeas corpus petition under Article 226 of the Constitution of India, the petitioner has assailed the order of detention dated 22.10.2020 in respect of the detenu, issued by the Secretary to the Government of Assam, Home and Political Department (respondent no. 2), which was passed in exercise of power under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (herein after referred to as "PIT NDPS Act" for short).

(3.) The mother of the petitioner, who is the detenu, was arrested on 28.07.2020 in connection with Paltan Bazar P.S. Case No. 501/2020 under Section 27A/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'NDPS Act'). While the detenu was in judicial custody in connection with the said case, she was served with an order of detention dated 22.10.2020. The learned counsel for the petitioner has urged, amongst others, grounds on which the said order has been assailed, viz., non- furnishing of police report to the detenu; non-disclosure in the detention order that the detenu could make representation to the Detaining Authority; mention in the detention order that the detenu may submit her representation before the Central/State Government, which makes it appear that the submission of representation was optional; non-disclosure of provisions of Section 37 of the NDPS Act, which puts an embargo on power of the Court to grant bail as a matter of course. In support of his submissions, the learned counsel for the petitioner has placed reliance on the following cases, viz., (i) Sayed Abdul Ala Vs. Union of India, AIR 2007 SCW 6974, (ii) Kamlesh Kumar Ishwar Das Patel Vs. Union of India and Ors., (2005) 4 SCC 51, (iii) Amritlal and Ors. Vs. Union Government through Secretary, Ministry of Finance and Ors., (2001) 1 SCC 341, (iv) Aslam Ahmed Zahire Ahmed Shaik Vs. Union of India and Ors., (1989) 3 SCC 277, (v) Debarshi Kashyap Vs. Union of India and Ors., 2021(4) GLT 574: W.P. (Crl.) 14/2020, decided on 25.6.2021, (vi) Sabam Narzari Vs.Union of India and Ors. 2017 SCC OnLine Gau 993, (vii) Yumnam Ongbi Mary Jones Vs. State of Manipur and Ors., 2011 (4) GLT 398, (viii) Robin Dhekial Phukan Vs. Union of India and Ors., 2008 (2) GLT 876, (ix) Shyamal Das Vs. State of Tripura, 2006 (3) GLT 512, (x) Konsam Brojen Singh Vs.State of Manipur and Ors., 2006(1) GLT 371: (2006) 2 GLR 452, (xi) Lala Paite Vs. State of Manipur and Ors., 1999(3) GLT 236: (1999) 3 GLR 436, (xii) Lipika Roy Vs. State of Assam and Ors., 1999 (3) GLT 173, (xiii) Nurjahan Begum Vs. State of Manipur, (1999) 2 GLR 205, (xiii) Silvister Narzary Vs. State of Assam and Ors., 1998 (1) GLT 259, (xiv) Nong-khogin Vs. State of Manipur, (1991) 2 GLJ 60.