Lawstreet Journal

Mere Registration of FIR Is Not Sufficient To Pass A Detention Order: Gujarat High Court

Lawstreet Journal 5 Apr 2022 12:20am

Image courtesy: Lawstreet Journal Judiciary Mere Registration of FIR Is Not Sufficient To Pass A Detention Order: Gujarat High Court

Gujarat High Court has noted that offences alleged in the First Information Report (FIR) have no bearing on public order. 

BACKGROUND 

The single-judge bench of Justice A. P. Thaker observed that detention order under Section 3 (2) of the Prevention of Illicit Trafficking in Narcotic Drugs and Psychotropic Substances Act, 1988 cannot be passed on mere instance of an FIR.

CONTENTIONS OF THE PETITIONER: 

Learned Counsel for the petitioner-detenu vehemently argued that the entire exercise undertaken by the detaining authority is merit less and since there is no strict compliance with the provisions of the act in question, the detention order itself is illegal ab initio.

He relied on catena of decisions including Banka Sneha Sheela Vs. State of Telangana, 2021 Latest Caselaw 301 SC.

CONTENTIONS OF THE ADDITIONAL GOVERNMENT PLEADER: 

The AGP submitted that the offence against the detenu is under the NDPS Act and considering the effect of the Narcotic Drugs, the authority has properly passed the impugned order and which deserves to be upheld by this Court.

OBSERVATIONS OF THE COURT: 

The Court at the outset recalled Section 3 of the Illicit Trafficking in NDPS Act, 1988 for convenience. The Court was prima facie doubtful of the involvement of the detenu which may fall under the definition of Illicit Trafficking in NDPS Act under Section 2(e).

The Court observed that the subjective satisfaction arrived at by the detaining authority cannot be said to be legal, valid and in accordance with law, inasmuch as the offences alleged in the FIR cannot have any bearing on the… Continue Reading...


Tagged: First Information Report   FIR   Gujarat High Court  
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