Manipur High CourtMd. Rashid Ali vs State Of Manipur on 20 October, 2020Author:Kh.Nobin SinghBench:Kh. Nobin Singh,Ahanthem Bimol Singh[1]\n\n\n                   IN THE HIGH COURT OF MANIPUR\n                             AT IMPHAL\n                             (Video Conference)\n\nW.P. (Cril.) No. 6 of 2020\nMd. Rashid Ali                                            ...Petitioner(s)\n\n                                    Vs.\nState of Manipur                                         ...Respondent(s)\n                         BEFO RE\n             HON'BLE MR. JUSTICE KH. NOBIN SINGH\n          HON'BLE MR. JUSTICE AHANTHEM BIMOL SINGH\n\n                                O R D E R20-10-2020\nKh.Nobin Singh, J\n\n           Heard Shri Ph. Sanajaoba, learned Advocate appearing for the\n\npetitioner; Shri Th. Vashum, learned Government Advocate for the State\n\nrespondents and Shri S. Suresh, learned ASG appearing for the Union of\n\nIndia.[1]          The brother of the petitioner, Md. Abbas Ahamad, is under\n\ndetention vide order of detention dated 04-02-2020 issued by the Special\n\nSecretary (Home), Government of Manipur. The allegation as stated in the\n\ngrounds of detention is that the detenu is involved in drug trafficking,\n\npossession and selling drugs.[2]        The validity and correctness of the said order of detention dated\n\n04-02-2020 issued by the Special Secretary (Home), Government of\n\nManipur is under challenge in this writ petition on various grounds, of\n\nwhich the learned counsel appearing for the petitioner has emphasized\n\nonly the ground that the respondent No.1 has failed to comply with the\n\nW.P. (Cril.) No. 6 of 2020                                         Contd.../-[2]provisions ofSection 3(2)of the Prevention of Illicit Traffic in Narcotic\n\nDrugs and Psychotrophic Substance Act, 1988 (hereinafter referred to as\n\n"the Act, 1988)".[3]         On 11-06-2020 when the matter was taken up for consideration,\n\nthis court issued notice to the respondents. Since Shri Th. Vashum,\n\nlearned Government Advocate had accepted the notice on behalf of the\n\nrespondent Nos.1 and 2 while Shri S. Suresh, learned ASG had accepted\n\nnotice on behalf of the Union of India, no formal notice was issued to them.\n\n[4]         Counter affidavit on behalf of the respondent No. 2 was filed on\n\n16-09-2020 justifying the order of detention. No counter has been filed on\n\nbehalf of the Union of India but a copy of the letter dated 14-07-2020\n\naddressed to the Deputy Secretary (Home), Government of Manipur by the\n\nUnder Secretary to the Government of India was produced wherein it has\n\nbeen stated that the State Government did not send a report as required\n\nunder the provisions ofSection 3(2)of the Act. On 16-10-2020 when the\n\nmatter was taken up for consideration, it was submitted by Shri S. Suresh,\n\nlearned ASG on the strength of the said letter that no report as required\n\nunder the provisions of the Act, 1988 was forwarded to the Union of India.\n\nSome time was granted to the Government Advocate for seeking\n\ninstruction thereof.[5]         In order to decide the issue involved herein, this Court deems it\n\nappropriate to examine the provisions ofSection 3(2)of the Act, 1988\n\nwhich reads as under:W.P. (Cril.) No. 6 of 2020                                          Contd.../-[3]"(2) When any order of detention is made by a State Government or\n                                        by an officer empowered by a State Government, the State\n                                        Government shall, within ten days, forward to the Central\n                                        Government a report in respect of the order."On perusal ofSection 3 (2)of the said Act, 1988, it is quite\n\n                            evident that it is incumbent upon the State Government to forward a copy\n\n                            of the report within 10 (ten) days from the date of order of detention being\n\n                            made by the detaining authority. During the course of hearing, Shri Th.\n\n                            Vashum, learned Government Advocate, on instruction, has admitted the\n\n                            fact that no such report had ever been forwarded to the Central\n\n                            Government. In other words, the provision ofSection 3(2)of the Act, 1988\n\n                            has been violated and therefore, this court is of the view that the order of\n\n                            detention is bad in law and is liable to be quashed and set aside.\n\n                            [6]         In view of the above, the writ petition stands allowed with the\n\n                            direction that the order of detention dated 04-02-2020 issued by the\n\n                            Special Secretary (Home), Government of Manipur is quashed and set\n\n                            aside with the further direction that Md. Abbas Ahamad (36) @\n\n                            Moichingmayum Abas Mastana S/o Md. Kheiruddin of Moijing Awang\n\n                            Leikai, Thoubal District, Manipur shall be released forthwith, if he is not\n\n                            required in any other case.Copies of this order shall be sent to the counsels appearing for\n\n                            the parties through their WhatsApp/e-mail.JUDGE                       JUDGE\nYumkh    Digitally signed\n         by Yumkham\nam       Rother\n         Date: 2020.10.20\n                            Devananda\nRother   16:57:43 +05'30'\n\n\n                            W.P. (Cril.) No. 6 of 2020                                           Contd.../-