NARESH DANGI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel appearing for the petitioner and learned counsel appearing for the respondent State.

(2.) The prayer in the writ petition is made for quashing of the order passed by the Additional Chief Secretary, Department of Home, Prison and Disaster, Government of Jharkhand dtd. 16/1/2024 which is with regard to the detention of the petitioner in jail custody.

(3.) Learned counsel appearing for the petitioner submits that the FIR being Gidhour P.S. Case No.39 of 2019 was registered under Ss. 17(c) and 18(b) of the Narcotic Drugs and Psychotropic Substances Act on the basis of the confessional statement of the arrested accused namely Rahul Kushwaha and thereafter the petitioner was enlarged on bail by this Court by order dtd. 3/12/2019. He further submits that after the regular bail, the petitioner was running poultry shop in his village. He then submits that it has been transpired from the news of Dainik Jagaran newspaper published on 17/4/2023 and the certificate given by the Mukhiya of Gidhour Panchayat certified by Mukhiya that the petitioner is running a poultry shop. He submits that the petitioner came to know about his detention after receiving the letters dtd. 30/1/2024 issued by the Deputy Collector In charge, District General Branch, Chatra to the Circle Officer, Gidhour contained in Annexure-4 and 4/1. He submits that the petitioner came to know that the Additional Chief Secretary, Department of Home, Prison and Disaster, Government of Jharkhand, Ranchi has passed a detention order against the petitioner on 16/1/2024 contained in Annexure-5 and 5/1. He submits that without satisfaction the said order has been passed and nothing has been recovered from the possession of the petitioner. He submits that only on the basis of sanhas the said detention order has been passed which is not in accordance with law. He relied in the case of Sushanta Kumar Banik versus State of Tripura and Others reported in (2022) SCC OnLine SC 1333. On this ground, he submits that the impugned order may kindly be quashed.