FATEMA KHATUN Vs. STATE OF ASSAM

JUDGEMENT

(1.) The writ petitioner is the wife of one Md. Ramijul Hoque [hereinafter referred to as 'the detenu', for short]. The present writ petition under Article 226 of the Constitution of India is preferred by the petitioner on behalf of the detenu, who is presently in the Central Jail at Nagaon. A Detention Order bearing no. eCF-588123/149 dtd. 18/2/2025 passed by the Secretary to the Government of Assam, Home and Political Department as the Detaining Authority has been put to challenge. The Detaining Authority has passed the impugned Detention Order in exercise of the powers conferred by sub-sec. [1] of S. 3 of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 ['the PIT-NDPS Act', for short] whereby and whereupon the detenu has been detained and kept under preventive detention.

(2.) In the impugned Detention Order dtd. 18/2/2025, it is stated that the detenu has been detained until further order. Subsequent to issuance of the Detention Order dtd. 18/2/2025, the detenu was taken into custody on 26/2/2025. The detenu was served with the Detention Order dtd. 18/2/2025 along with the Grounds of Detention which were prepared vide no. eCF-588123/144 dtd. 18/2/2025, on 26/2/2025.

(3.) On being so served with the Detention Order and the Grounds of Detention, both dtd. 18/2/2025, along with the supporting materials, on 26/2/2025, the detenu preferred a Representation each, on 13/3/2025, through the Superintendent of Central Jail, Nagaon before : [i] the Additional Chief Secretary to the Government of Assam, Home and Political Department; [ii] the Detaining Authority under the PIT-NDPS Act and the Secretary to the Government of Assam, Home and Political Department; [iii] the Advisory Board, PIT-NDPS Act; and [iv] the Government of India in the Ministry of Finance, Department of Revenue.