MISS TANIA CHANDA v. THE STATE OF NAGALAND AND 2 ORS
Court: Gauhati High Court
Bench: HON'BLE MR. JUSTICE KAKHETO SEMA,HON'BLE MR. JUSTICE BUDI HABUNG
Judgment date:
Case summary
Gauhati High Court judgment dated 2024-05-10. MISS TANIA CHANDA v. THE STATE OF NAGALAND AND 2 ORS. Read the judgment and case details on LawSphereX.
Judgment text
Page No. # 1/3 GAHC020001122024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : W. P. (Crl. )/1/2024 MISS TANIA CHANDA D/O BAKUL CHANDA R/O GANDHI NAGAR, SHILLONG, MEGHALAYA VERSUS THE STATE OF NAGALAND AND 2 ORS REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF NAGALAND 2:THE SPECIAL SECRETARY TO THE GOVT. OF NAGALAND HOME DEPT. NAGALAND KOHIMA 3:THE UNION OF INDIA THROUGH THE JOINT SECRETARY (PITNDPS/COFEPOSA) TO THE GOVT. OF INDIA MINISTRY OF FINANCE DEPT. OF REVENUE 6TH FLOR B-WING JANPATH BHAWAN NEW DELHI-11000 Advocate for the Petitioner : MOA JAMIR Advocate for the Respondent : GOVT ADV NL Page No. # 2/3 BEFORE HON'BLE MR. JUSTICE KAKHETO SEMA HON'BLE MR. JUSTICE BUDI HABUNG ORDER 10. 05. 2024 (K. Sema, J) Heard Mr. Taka Kichu, learned counsel for the petitioner, Mr. E. Thiba Phom, learned Government Advocate for the State respondent Nos. 1 & 2 and Ms. Asi Kire, learned counsel appearing on behalf of Mr.
Yangerwati, learned CGC for the respondent No. 3. By the Order dated 08. 05. 2024, the learned Government Advocate was asked to come with proper instructions as to whether the period of detention has been extended after 26. 04. 2024. Today, Mr. E. Thiba Phom, learned Government Advocate, has placed the copy of the Letter dated 09. 05. 2023, written by the Staff Officer to Special Secretary (Home), Government of Nagaland, Home Department, Political Branch, stating that no further extension has been issued by the Government beyond 26. 04. 2024. In that view of the matter, the Detention Order dated 27. 04. 2023, issued by the Special Secretary to the Government of Nagaland, in exercise of the powers conferred by Sub-section of Section 3 of the Prevention of Illicit Traffic in Narcotic Drugs & Psychotropic Substances Act, 1988, the Confirmation Order dated 13. 07. 2023, issued by the Chief Secretary to the Government of Nagaland, and the subsequent Orders dated 18. 10. 2023 and 24. 01.
2024 extending the Page No. # 3/3 detention of the detenue, are hereby quashed and set aside. The denteue shall be set forth at liberty, if not wanted in other cases. The writ petition stands disposed. Sd/- Sd/- JUDGE JUDGE Comparing Assistant
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