In a significant ruling, the Allahabad High Court has declared the detention of Nanhe Langda, also known as Riyasat, under the Narcotic Drugs and Psychotropic Substances (NDPS) Act in a case related to smack smuggling as illegal. The case was registered at Fatehganj West police station in Bareilly. The court has ordered his immediate release, provided there are no other pending cases against him.
The decision was made by a division bench comprising Justice AK Sangwan and Justice MAH Idrisi, following arguments presented by senior advocates DS Mishra, Abhishek Mishra, and Chandra Kesh Mishra on behalf of the petitioner. The court criticized both the central and state governments for failing to give the petitioner an opportunity to be heard while deciding on the representation. Additionally, it noted that the Finance Ministry of the Central Government did not provide a reasoned order, leading to the cancellation of the detention order.
The petitioner, Nanhe Langda, has faced four cases of smack smuggling. In one of these cases, he has been acquitted, while he has not been convicted in any of the other cases. Currently, he is on bail in two cases, and in one case, he has been named based on the statement of a co-accused, although no drugs were recovered from his possession.
The petitioner’s lawyer highlighted that the 63-year-old petitioner, who is currently incarcerated in Naini Prayagraj jail, suffers from kidney failure and high blood pressure. Citing the Toofan Singh case, the lawyer argued for his release on health grounds.
The court’s ruling underscores the importance of procedural fairness and the necessity for government authorities to provide reasoned decisions in detention cases. If a new FIR is registered, the department can take appropriate action as per the rules.
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