SAYED ABDUL ALA Vs. UNION OF INDIA

JUDGEMENT

(1.) Appellant herein was detained under the Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act,1988 (hereinafter referred to as the Act) by an order dated 15th February, 2000. The period of detention is over. He, however, questioned the validity of the said order of detention before the High Court of Delhi inter alia on the premise that unless the order of detention is set aside, a proceeding may be initiated against him under Chapter VA of Narcotic Drugs and Psychotropic Substances Act, 1985.

(2.) Appellant was indisputably arrested by the officers of Narcotic Control Bureau (NCB) on 29.11.1999. He was remanded to NCB custody till 8.12.1999, whereafter when he was remanded to judicial custody. Eighteen kilos and eight hundred thirty grams of heroin was alleged to have been recovered from his possession from a hotel room. Another raid was conducted in House No.995, situate at Kishanganj, Teliwara, near Azad Market, Delhi on 29/30th November,1999. In the search, which was conducted at the said place on 29/30th November, 1999, 32.305 kg. of brown powder kept in nineteen transparent polythene bags kept inside three Safari suitcases, was said to have been recovered.

(3.) Appellant filed an application before the special judge that he may not be transferred to Delhi. The said plea was not accepted. The order of detention was placed before the Advisory Board for confirmation. The Advisory Board was to hold its meeting on 22nd April,2000. According to the appellant on the aforementioned date neither he nor his advocate Shri S.C. Puri could appear before the Advisory Board as he was being taken to Delhi from Bengal, and his advocate received the said communication from the Advisory Board only on 25th April,2000. It is also not in dispute that upon recommendations of the Advisory Board, the order of detention was confirmed on 12.5.2000.