SHARUKH AHMED Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. N.J. Dutta, learned counsel for the petitioner. Also heard Mr. D. Nath, learned Sr. Government Advocate, Assam appearing for the State/respondents and Mr. P.S. Bhattacharyya, learned CGC for the respondent No. 1.

(2.) By filing this writ petition under Article 226 of the Constitution of India, the petitioner on behalf of his brother-in-law Shahrukh Ahmed @Muktar, the detenue herein vide paragraph No. 2 of the petition (the Affidavit is sworn by detenue's wife Manowara Begum) has prayed for setting aside and quashing a Preventive Detention Order, dtd. 16/3/2022, issued by the Commissioner and Secretary to the Government of Assam, Home and Political Department/respondent No. 2 to the petitioner informing him with detail particulars about his involvement in illicit trafficking in narcotic drugs and psychotropic substances, with reference to 07 (seven) number of cases registered at Barpeta Police Station under the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('N.D.P.S. Act' for short) which prompted the Government to detain him under Sec. 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 ('Act' for short). By conveying the aforesaid detention order, the petitioner was asked to make a representation, through the Jail Authority, if so advised. Terming his detention as illegal, the petitioner has sought for a direction to the respondent authorities to release him forthwith.

(3.) Mr. N.J. Dutta, learned counsel for the petitioner submitted that the detenue was served with the aforesaid grounds of detention referred to in the letter, dtd. 16/3/2022, after lapse of 5(five) days, on 23/3/2022. Mr. Dutta submitted that the detenue submitted his representation to the respondent No. 2, on 30/3/2022 and again, another representation on behalf of the detenue, on 7/4/2022, to the respondent No. 2, but no response has been received yet from the said detaining authority, whereby the authority violated the detenue's rights guaranteed under Articles 14 and 21 of the Constitution of India. Therefore, Mr. Dutta submitted that the aforesaid impugned Preventive Detention Order, dtd. 16/3/2022 issued by the respondent No. 2 is per se illegal and violative of Article 22(5) of the Constitution of India.