NONGKHOGIN Vs. STATE OF MANIPUR

JUDGEMENT

(1.) The writ petitioner is the father of Zamkhochinthang alias Thathang who was detained under section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substance Act, 1988 (hereinafter the Act) on 30-6-1990 in pursuance of the order dated 18-6-1990 of the Secretary (Home), Government of Manipur, Imphal. By this writ petition the validity of the aforesaid detention order is challenged.

(2.) Heard Mr. N. Kumarjit Singh, learned counsel for the petitioner. The detention order has been challenged mainly on two grounds. First, that the grounds of detention and documents were furnished to the detenu in English and not in Manipuri language. His contention is that the detenu had read only upto Class-I and he cannot read and write English. Secondly, there was unreasonable delay in disposal of the representation filed by the detenu. The time taken in disposal of the representation, according to the learned counsel, is 40 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. K. Irabot Singh, learned Government Advocate submits that though his representation is dated 19-7-1990 it was received from the Superintendent, Manipur Central Jail, Imphal on 25-7-1990 and it was forwarded to the Central Government on 27-7-1990. It is further submitted by the learned Government Advocate that the detenu was informed about the rejection of his representation on 27-8-1990. Thus, according to the Government Advocate, the time taken in disposal of the representation is reasonable and just.