MONDIRA DAS Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition seeking issuance of a writ in the nature of habeas corpus has been filed by the petitioner herein being the sister of the detenu, namely, Shri Sukumar Das, who has been detained vide order dtd. 24/8/2022 issued by the respondent Commissioner & Secretary to the Government of Assam, Home & Political Department exercising powers under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (hereinafter referred to as the '1988 Act'). The petitioner has challenged the said detention order on various grounds, amongst others, including non-application of mind, non-supply of relevant documents and delay in disposal of the representations, etc.

(2.) The matter was posted for the first time before the Court on 10/5/2023. Since the order of detention was passed on 24/8/2022 and upon enquiry from the learned counsel for the petitioner, a response was received that no order of confirmation of the detention order has been served to the detenu, who is lodged at Central Jail, Dhubri, we directed Mr. D. Nath, learned Senior Government Advocate, Assam appearing on behalf of the State Government authorities to apprise the Court regarding the order of confirmation, if any, passed authorizing detention of the petitioner beyond three months.

(3.) Today, Mr. Nath has placed on record copy of the communication dtd. 10/5/2023 issued by the Under Secretary to the Government of Assam, Political (A) Department. The communication is taken on record and the contents thereof are reproduced herein below for the sake of ready reference:-