Page No.# 1/3 GAHC010242482023 2025:GAU-AS:709 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6661/2023 ABDUL HAI S/O- SAHJHAN ALI, R/O- VILL- KAWATIKA, P.O. KAWATIKA P.S. BIJNI, DIST.- CHIRANG, ASSAM, PIN- 783390 VERSUS THE STATE OF ASSAM AND 8 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, HOME AND POLITICAL DEPARTMENT, DISPUR, GUWAHATI- 781006 2:THE SECRETARY TO THE GOVERNMENT OF ASSAM HOME AND POLITICAL DEPARTMENT ASSAM DISPUR GUWAHATI-06 3:THE ADVISORY BOARD PITNDPS ACT C/O THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM HOME AND POLITICAL DEPARTMENT DISPUR GUWAHATI-06 4:JOINT SECRETARY TO THE GOVERNMENT OF ASSAM HOME AND POLITICAL DEPARTMENT DISPUR GUWAHATI-06 5:THE DIRECTOR GENERAL OF POLICE ASSAM Page No.# 2/3 ULUBARI GUWAHATI-03 6:THE DEPUTY COMMISSIONER CHIRANG DIST. CHIRANG ASSAM 7:THE SUPERINTENDENT OF POLICE CHIRANG DIST.- CHIRANG ASSAM 8:THE SUPERINTENDENT OF JAIL ABHAYAPURI DIST.- BONGAIGAON ASSAM 9:THE OFFICER-IN-CHARGE BIJNI POLICE STATION DIST. CHIRANG ASSA Advocate for the Petitioner : MR A A DEWAN, MS S RAJBONGSHI,S N ULLAH,MR M K DAS,MR H A RASHID Advocate for the Respondent : GA, ASSAM, BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER 23.01.2025 Heard Mr. A.A. Dewan, learned counsel for the petitioner and Mr. B.J. Talukdar, learned senior counsel assisted by Ms. P. Devi, learned counsel for all the respondents. 2. In this writ petition, the petitioner has made a challenge to an Order of Detention dated 13.07.2023 passed in exercise of powers conferred by Section 3[1] of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances [PITNDPS] Act, 1988. Page No.# 3/3 3. Mr. Dewan, learned counsel for the petitioner has submitted that the brief of the case has already been taken from him. He has further submitted that, to his information, due to expiry of one year period, the detenu has already been released from custody. 4. As per Section 11 of the PITNDPS Act, 1988, the maximum period for which any person may be detained in pursuance of any detention of any detention order to which the provisions of Section 10 do not apply and which has been confirmed under Clause [f] of Section 9 shall be one year from the date of detention, and the maximum period for which any person may be detained in pursuance of any detention order to which the provisions of Section 10 apply and which has been confirmed under Clause [f] of Section 9, read with sub- section [2] of Section 10, shall be two years from the date of detention provided that nothing contained in this section shall affect the power of appropriate Government in either case to revoke or modify the detention order at any earlier time. 5. The Order of Detention was passed on 13.07.2023 and more than one year, which is the maximum period applicable in case of a detention order passed under Section 3[1] of the PITNDPS Act, 1988, has since been elapsed. Therefore, the Detention Order has already spent its force. It is further observed that if in case the detenu is still in detention in connection with the Detention Order dated 13.07.2023, then he is to be released from custody forthwith in connection with the case. In view of the same, no further adjudication is necessary and accordingly, the writ petition is closed. JUDGE Comparing Assistant