LAWS(GAU)-1991-5-6

LAIPHRAKPAM ONGBI GEETA DEVI Vs. STATE OF MANIPUR

Decided On May 07, 1991
LAIPHRAKPAM ONGBI GEETA DEVI Appellant
V/S
STATE OF MANIPUR Respondents

JUDGEMENT

(1.) The writ petitioner is the wife of one Laiphrakpam Ibotombi Singh who was detained under S. 3 of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (hereinafter 'the Act') on 19-6-1990 under orders of the Secretary (Home), Government of Manipur. He is still under detention. By this writ petition the validity of the aforesaid detention order is challenged.

(2.) Heard Mr. N. Kumarjit Singh, learned counsel for the petitioner. Though the detention order has been challenged on various grounds, the main thrust of the challenge is on the ground of unreasonable long delay in disposal of the representation filed by the detenu. The time taken in disposal of the representation, according to the learned counsel, is 71 days. It is submitted that such a long delay is most unreasonable and cannot be justified on any count. The continued detention under the circumstances, it is contended, is illegal.

(3.) Mr. L. Shyamkishor Singh, learned counsel for the Government, submits that the time taken in the disposal of the representation is not 71 days, but 59 days. He submits that though the representation was dated 12-9-1990, it was received by the Superintendent of the Jail only on 24-9-1990. This period of 59 days, according to the counsel, is not such unreasonable delay which might vitiate the detention.