LAKHAN DAS Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned counsel appearing for the parties and perused the material placed on record.

(2.) The instant petition under Article 226 of the Constitution of India has been filed by the detenu petitioner seeking issuance of a writ of habeas corpus by challenging the legality and validity of the order dtd. 29/12/2022 passed by the respondent No.2, Joint Secretary (PITNDPS), Government of India, Ministry of Finance, Department of Revenue, New Delhi, under Sec. 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (hereinafter referred to as PITNDPS Act) whereby the detenu petitioner was ordered to be placed under detention and so also the order dtd. 11/4/2023 whereby the order of detention passed against the detenu petitioner was confirmed for a period of one year from the date of his detention.

(3.) The composite order and the grounds of detention (Annexure-1) dtd. 29/12/2022 served on the detenu petitioner project that the petitioner herein was detained on the allegations of being involved in repeated acts of illicit trafficking in narcotic drugs viz. ganja and psychotropic substances, viz. heroin. Two criminal cases have been referred to in the grounds of detention. The first case pertains to recovery of 1586.03 Kgs of ganja from a container truck effected by the officers of NCB Guwahati Zonal Unit on 28/3/2021. The second case pertains to recovery of heroin (net weight 794.44 gms) effected by the officers of Barpathar Police Station, Karbi Anglong, Assam on 25/5/2021. In the first case, pertaining to recovery of ganja, the Court of Additional Sessions Judge, Kamrup allowed the prayer for bail made by the detenu petitioner. The detaining authority has recorded due satisfaction in the order/grounds of detention regarding the active involvement of the petitioner in the prejudicial activities of illicit traffic in narcotic drugs and psychotropic substances and the imminent possibility of the petitioner repeating the serious prejudicial acts if not confined. The satisfaction so recorded by the detaining authority is based on substantive material and the supporting documents, which have been annexed with the grounds of detention. The order of detention was executed and the petitioner was detained and put behind bars on 15/2/2023. After being so detained, the composite detention order containing the grounds of detention and the relied upon documents were served upon the detenu on the very same day. The detenu petitioner submitted representation to the respective authorities on 9/3/2023. The Deputy Secretary to the Government of India, Ministry of Finance, Department of Revenue, PITNDPS Division conveyed rejection of the petitioner's representation vide memorandum dtd. 20/3/2023. Thereafter, the detention of the petitioner has been confirmed by order dtd. 11/4/2023 as indicated above.