ALIA BEGUM Vs. STATE OF ASSAM

JUDGEMENT

(1.) By way of this petition under Article 226 of the Constitution of India, the petitioner has challenged the order of detention dtd. 18/4/2022 passed by the Commissioner and Secretary to the Govt. of Assam, Home and Political Department, Dispur, Guwahati under Sec. 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (hereinafter referred to as 'the Act', for the sake of brevity) and has prayed that the respondent authorities be directed to release the detenu, who happens to be the husband of the petitioner, without any further delay.

(2.) The following facts emerge from the records:

(3.) It is the case of the detaining authority that the detenu is lodged in Central Jail, Guwahati and it is likely that he may be released very soon and therefore, it was considered essential to detain him under the Act. The order of detention was served upon the detenu on 20/4/2022. The record indicates that the petitioner herein filed a representation on behalf of the detenu i.e. her husband on 7/5/2022 addressed to the Commissioner and Secretary to the Government of Assam, Home and Political Department, Dispur, Guwahati, and a copy thereof was marked to the Advisory Board, PITNDPS Act and the Deputy Secretary (PITNDPS), Ministry of Finance, Department of Revenue, New Delhi. It also appears that prior to filing of the representation dtd. 07/5/2022 by the petitioner, the detenu had also filed a representation on 2/5/2022 to the Commissioner and Secretary to the Government of Assam, Home and Political Department, Dispur, Guwahati. Both the representations came to be rejected vide order dtd. 20/6/2022.