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TMI Blog2021 (8) TMI 825X X X X Extracts X X X X X X X X Extracts X X X X ..... ted to the appropriate Government within 11 weeks from the date of detention of the person concerned. Thus, if the period of 11 weeks is reckoned from 01.10.2020, it would expire on 17.12.2020. In the instant case, report of the Advisory Board has been forwarded and received by the appropriate Government on 11.12.2020 which is well within the period of 11 weeks prescribed under clause (c) of Section 9 of PITNDPS Act. Hence, contention of the petitioner raised in this regard stands rejected. Petition dismissed. - W.P.H.C. NO.51/2021 - - - Dated:- 10-8-2021 - THE HON BLE MR. JUSTICE ARAVIND KUMAR AND THE HON BLE MR. JUSTICE N.S.SANJAY GOWDA PETITIONER: SRI. ANEES ALI KHAN, ADVOCATE RESPONDENTS: SRI. V.S. HEGDE, S.P.P-II ORDER Petitioner who is the wife of Sri Syed Nazeem (detenue) has preferred this petition to declare the detention order No.02/BCP/CRM/PIT-NDPS/DTN/2020 dated 30.09.2020 (Annexure-A) passed by second respondent and confirmed by first respondent by order No.HD 34 PND 2020 dated 22.12.2020 (Annexure-E) as illegal and to set the detenue at liberty. 2. Petitioner has contended that Section 3(1) of the Prevention of Illicit Traffic in Na ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assed the order of detention under Section 3(1). He would also submit that appropriate Government by communication dated 08.10.2020 (Annexure-R4) has intimated the Central Government under Section 3(2) about the order of detention passed against the detenue. It is also contended that there is due compliance of Section 9(b) of PITNDPS Act and hence, respondents have prayed for dismissal of the petition. Affidavit dated 14.07.2021 of the Additional Chief Secretary, Department of Home came to be filed on 15.07.2021 contending interalia that notification dated 30.01.2020 (Annexure-R2) has been issued in exercise of the power conferred under Section 3(1) of PITNDPS Act which empowered the second respondent to pass the detention order. It is also contended that second respondent is of the rank of Principal Secretary to Government and he is in the pay scale of Principal Secretary of Government and as such, he is competent to pass the detention order under Section 3(1) of PITNDPS Act. It is also contended that Under Secretary is the junior most Officer of the 1st rung of the Secretariat and is an Officer within the definition of the 'appropriate Government' as defined under Section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rank of a Secretary to that Government, specially empowered for the purposes of this section by that Government, may, if satisfied, with respect to any person (including a foreigner) that, with a view to preventing him from engaging in illicit traffic in narcotic drugs and psychotropic substances, it is necessary so to do, make an order directing that such person be detained. (2) When any order of detention is made by a State Government or by an officer empowered by a State Government, the State Government shall, within ten days, forward to the Central Government a report in respect of the order. (3) For the purposes of clause (5) of Article 22 of the Constitution, the communication to a person detained in pursuance of a detention order of the grounds on which the order has been made shall be made as soon as may be after the detention, but ordinarily not later than five days, and in exceptional circumstances and for reasons to be recorded in writing not later than fifteen days, from the date of detention. 9. Advisory Boards .- For the purposes of sub-clause (a) of clause (4) and sub-clause (c) of clause (7) of Article 22 of the Constitution,- (a) the Central Governmen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Government shall revoke the detention order and cause the person to be released forthwith. 9. A plain reading of Section 3 of PITNDPS Act would indicate that any Officer of State Government not below the rank of a Secretary to that Government, specially empowered for the purposes of said Section may if satisfied with respect to any person (including a foreigner) that, with a view to preventing him from engaging in illicit traffic in narcotic drugs and psychotropic substances, it is necessary so to do, can make an order directing that such person is to be detained. 10. Sub-section (2) of Section 3 of PITNDPS Act mandates that when the order of detention is made by a State Government or by an Officer empowered by the State Government, then, in such an event, the State Government is required to send a report in respect of the order so made to the Central Government within 10 days. Sub-section (3) of Section 3 mandates that for the purposes of clause (5) of Article 22 of Constitution of India, communication to a person detained in pursuance of a detention order, the grounds of which the order has been made has to be made as soon as may be after detention, but ordinarily not les ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vernment who is not below the rank of a Secretary. When this provision is read along with clause (f) of Section 9, it would clearly indicate that where Advisory Board under clause (c) of Section 9 prepares a report and submits the same to the appropriate Government by opining there being sufficient cause for detention of such person, then, 'appropriate Government' would require to confirm the detention order. Clause (a) of Section 2 defines 'appropriate Government' to mean an Officer of the State Government or the State Government itself. 14. Now turning our attention to the facts on hand, we notice that order dated 30.09.2020 (Annexure- A) has been passed by the Commissioner of Police, Bengaluru city. Sub-section (1) of Section 3 empowers any officer of the State Government not below the rank of the Secretary to that Government specially empowered for the purpose of sub-section (1) of Section 3 to pass an order or the State Government itself to pass the order. In the instant case, the State Government, by virtue of the powers conferred under Section 3(1) has empowered the Officers specified thereunder namely, (i) Commissioner of Police and (ii) Range Inspector G ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the name of the Governor of Karnataka, shall be authenticated by the signature of a Principal Secretary, a Secretary, an Additional Secretary, a Special Secretary, a Joint Secretary, a Deputy Secretary, an Under Secretary, a Desk Officer or any other officer holding these posts on ex- officio basis or by such other officer as may be specially empowered in that behalf by the Governor in the manner specified below, and such signature shall be deemed to be the proper authentication of such order or instrument. By order and in the name of the Governor of Karnataka, (signature) Name and designation of the Officer authorised to sign. 17. Thus, under Secretary of the State Government being empowered to issue confirmation of detention order in terms of Section 9(f) read with Section 11 of PITNDPS Act, has issued the impugned order dated 22.12.2020 and there is no infirmity in that regard. As such, contention raised in that regard stands rejected. 18. The chronology of dates commencing from date of order of detention till the date of report of the Advisory Board received by the State Government is enumerated in the following tabular column. Sl.No. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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