MANOJ KUMAR GUPTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Petitioner has been detained under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988, by the State Government, vide memo No. 2198 dated 4.9.2002, Home (Special) Department. The detention order along with grounds of detention was served on the Petitioner on 30.9.2002. The Petitioner made representation on 4.10.2002. After the Advisory Board concurred in the order on 5.12.2002, the detention was confirmed and the same was communicated to the Petitioner on 28.12.2002. The representation filed by the Petitioner on 4.10.2002 remained unconsidered. In its affidavit, vide paragraph 7, the Department has taken a stand that the representation was not received in the Department till date.

(2.) A doubt arose, when the case was taken up yesterday, as to whether the Petitioner had in fact filed representation, as claimed by him, or not the State Counsel was directed to take instruction from the Superintendent, Adarsh Central Jail, Beur, where the Petitioner is lodged. Today when the case was taken up, an affidavit sworn by Shri Balmohan Naik, Superintendent, Adarsh Central Jail, Beur, was filed to the effect that the Petitioner did file representation against the detention on 4.10.2002. As per the affidavit, the representation was forwarded to the I.G. (Prison), Bihar, vide memo No. 3035 dated 5.10.2002 with a request to forward it to the Secretary, Home, (Special) Department, to whom it was addressed. Going by affidavit of the Department, it is obvious that the representation was never forwarded by the office of the I.G. (Prison) to the Home (Special) Department.

(3.) Expeditious consideration of the representation is a valuable right guaranteed to a detenu under the provisions of respective detention law as also under Article 22(5) of the Constitution of India which in the instant case, has been denied to the Petitioner. It is rather a case of total non-consideration and, therefore, it is plain that detention of the Petitioner has to be struck down on this ground alone.