SHARUKH AHMED @ MUKTAR Vs. UNION OF INDIA

JUDGEMENT

(1.) This intra-Court appeal is filed by the detenu, namely, Sharukh Ahmed @ Muktar, challenging the detention order dtd. 16/3/2022 passed by the respondent authorities under the provisions of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (hereinafter referred to as "1988 Act") as well as the order dtd. 5/9/2022 passed by the learned Single Judge in WP (Crl.) No.18/2022.

(2.) The case in brief is that the detenu/appellant was detained by Order No. HMA. 19011/9/2022-PoL(A)/eCF-194872/192 dtd. 16/3/2022 passed by the Commissioner and Secretary to the Government of Assam, Home and Political Department. By the aforesaid order, the authorities on the basis of the purported information that the detenu/ appellant being engaged in illegal and harmful activities of illicit business of narcotic drugs and came to a conclusion that the detenu/appellant was responsible for repeated violations of the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "NDPS Act"). According to the authorities, the detenu/appellant was persistently involved in the trade of illicit drugs since many years and was also arrested under the provisions of the NDPS Act. As many as 7(seven) numbers of cases were registered against the detenu/ appellant at the Barpeta Police Station under various Ss. of the NDPS Act as well as under Arms Act. As per the police report, relied upon by the authorities, the samples seized from the detenu/appellant tested positive for "Heroin" as per the FSL report. Accordingly, vide the impugned order dtd. 16/3/2022, the detenu/appellant was detained under the provisions of the 1988 Act until further orders.

(3.) Being aggrieved by the order of preventive detention under the 1988 Act and urging non-supply of the relevant documents, as mandated under Article 22(5) of the Constitution of India, the writ petitioner/appellant challenged the detention order before this Court by way of a writ petition being WP (Crl.) No.18/2022.