PRAMOD YADAV Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. M.K. Das, learned counsel for the petitioner. Also heard Mr. K.K. Parasar, learned CGC, appearing for respondent nos.1 to 4; Mr. S.C. Keyal, learned standing counsel for the respondent no.5; and Mr. P. Sarmah, learned Additional Senior Govt. Advocate appearing for respondent no.6.

(2.) By filing this writ petition under Article 226 of the Constitution of India, the petitioner is seeking a writ of habeas corpus for setting aside (1) the detention order issued under F. No. U-11011/14/2024-PITNDPSdtd. 14/5/2024, passed by the Joint Secretary to the Govt. of India, Ministry of Finance, Department of Revenue (PITNDPS Division); (2) Memorandum of rejection issued vide F. No. U-11013/32/2024-PITNDPS dtd. 21/6/2024, issued by the Under Secretary to the Govt. of India, Ministry of Finance, Department of Revenue (PITNDPS Division); (3) Order under F. No. U 11012/15/2024-PITNDPS dtd. 16/7/2024, passed by the Deputy Secretary to the Govt. of India, Ministry of Finance, Department of Revenue (PITNDPS Division).

(3.) The pleaded case of the petitioner is that the detention order dtd. 14/5/2024, assailed in this writ petition, was actually served upon the petitioner on 24/5/2024. A representation against the detention order was submitted by the petitioner on 13/6/2024 before the jail authorities, which was addressed to (1) the Joint Secretary to the Govt. of India, Ministry of Finance, Department of Revenue (PITNDPS Division); (2) the Secretary to the Govt. of India, Ministry of Finance, Department of Revenue; (3) Chairman, Advisory Board (ATNDPS), Assam; (4) the Deputy Secretary to the Govt. of India, Ministry of Finance, Department of Revenue. The said representation was forwarded on 13/6/2024 to the 4 (four) addressees referred above. In the meanwhile, on 10/6/2024, the respondent no.3 had made a reference before the respondent no.6 as per the provision of Sec. 9(b) of the Prevention of Illicit Traffic in Narcotics Drugs and Psychotropic Substances Act, 1988 (PITNDPS Act for short) so as to enable the respondent no.6 to make a report as per Article 22(4)(a) of the Constitution of India and a proceeding was initiated. Thereafter, by order dt. 21/6/2024, it was conveyed that the detaining authority had rejected the representation submitted by the petitioner,which was served upon the petitioner on 27/6/2024. Thereafter, by an orderdtd. 16/7/2024, it was conveyed by the Deputy Secretary to the Govt. of India, Ministry of Finance, Department of Revenue (PITNDPS Division) that the Central Govt. had thereby confirmed the detention order dtd. 14/5/2024, thereby directing the petitioner, namely, Pramod Yadav @ Tinku, son of Late Pannalal Yadav be detained for a period of 1 (one) year from the date of his detention i.e. 24/5/2024. Thereafter, by an order dtd. 18/7/2024, it was conveyed that the Secretary to the Govt. of India, Ministry of Finance, Department of Revenue (PITN-DPS Division) had rejected the representation dtd. 13/6/2024, submitted by the petitioner as there is no merit.