Gauhati High Court sets aside detention order due to delay by authority

STAFF REPORTER

GUWAHATI: A division bench of the Gauhati High Court set aside the detention of a person under Section 3 (1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act (PIT-NDPS), 1988, and released him on the ground of delay on the part of the ‘detention authority’ to dispose of the representation made by the detainee (petitioner). The bench comprises Justice Achintya Malla Bujor Barua and Justice Robin Phukan.

The petitioner, Babul Ahmed, was detained under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988, as per the order, dated March 16, 2022, of the Commissioner and Secretary to the Government of Assam in the Home and Political Department. Being aggrieved by the order of preventive detention, the petitioner instituted this writ petition. However, the detention authority took two and a-half months to dispose of the representation made by the petitioner.

By following the proposition laid down by the Supreme Court in an earlier case, the reason set-forth for the delay in disposing the representation by almost a period of 2 ½ months as indicated above is found to be unacceptable in law. Accordingly, the bench set aside the order of detention against the detainee and asked the detention authority to set the detainee free if he was not required under any other law for any other purpose.

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