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2021 (8) TMI 825 - HC - Indian LawsValidity of detention order passed - Jurisdiction - power of Commissioner of Police to pass detention order - validity of delegation of power to the Commissioner of Police - Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 - HELD THAT:- As per the mandate of clause (b) of Section 9, reference by the appropriate Government to the Advisory Board is required to be made within five weeks from the date of detention of a person. When five (5) weeks period is reckoned from date of detention order i.e., 01.10.2020, it would expire on 05.11.2020 - In the instant case, the detenue was detained on 01.10.2020 and reference has been made by appropriate Government within five weeks and reference so made by State Government has been received by the Advisory Board on 27.10.2020 which is well within the period of five weeks prescribed under clause (b) of Section 9 of PITNDPS Act. Clause (c) of Section 9 of PITNDPS Act mandates that report of the Advisory Board has to be submitted 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.
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