High Court of Manipur Sets Aside Detention Order Under NDPS Act -  “Unexplained Delay”

In a recent ruling, the High Court of Manipur, comprising HON’BLE THE ACTING CHIEF JUSTICE M.V. MURALIDARAN and HON’BLE MR. JUSTICE A. GUNESHWAR SHARMA, has set aside a detention order issued under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act NDPS , 1988. The judgment, dated 07.07.2023, came in response to Writ Petition (Criminal) No. 57 of 2023 filed by Mr. Aribam Sidik Ali, who had been detained under the Act.

The key highlight of the judgment was the Court’s finding of an “unexplained delay” on the part of the Central Government in disposing of Mr. Ali’s representation against the detention order. The Court observed that the State Government had followed the necessary procedures within the stipulated time, but it took an additional 12 days for the Central Government to consider the representation, and this delay remained unexplained.

The Court’s ruling, citing precedent cases, emphasized the significance of prompt action in handling representations related to detention orders. It was held that unexplained delays in such matters render the detention order invalid.

In its judgment, the High Court noted: “The Central Government could not explain the delay of 12 (twelve) days’ time taken while disposing of the representation even after receiving para-wise comment. On this ground alone, the detention order cannot be sustained.”

The detention order issued on 09.12.2022 and the subsequent confirmation order dated 07.02.2023 were declared null and void, leading to the immediate release of Mr. Aribam Sidik Ali from custody.

Date of Decision: 07.07.2023

Aribam Sidik Ali vs The Commissioner