LAWS(DLH)-1990-8-36

BACHAN SINGH Vs. UNION OF INDIA

Decided On August 24, 1990
BACHAN SINGH Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) In exercise of the powers conferred by Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (Central Act 46 of 1988), in short (PIT NDPS Act), Shri Ram Chandran, Secretary to the Government of India, passed an order dated 11-1-90 detaining the petitioner Bachan Singh Wig, with a view to preventing him from engaging in illicit traffic in narcotic drugs.

(2.) This followed an incident when the petitioner alongwith one Shri Ramdevji Shah was found to be in possession of some incriminating documents leading to the recovery of 2404 slabs of hashish concealed in 74 metal boxes in the packings of Iron grills which were meant for export to Baltimor, U.S.A. under shipping bill no. 0766 dated 15-11-89. After interrogation, the petitioner was arrested for the commission of offence u/s 20/23 & 28 of the N.D.P.S. Act read with Section 135 (1) (a) of the Customs Act and produced before the Additional Judicial Magistrate, Arunakulam on 21-4-89, who remanded the petitioner to judicial custody till 4-12-89. The petitioner moved an application for his release on bail before the learned Addi. Judicial Magistrate but the same was dismissed on 29-11-89. His second application for bail dated 15-11-89 me: the same fate.

(3.) While the petitioner was in jail, the above-said order of his detention u/s 3(1) of the PIT NDPS Act was passed. He was duly served with the order and the grounds of his detention with- in the stipulated period. In the grounds of detention, he was also informed that if he wishes to make a representation against the order of detention, to the detaining authority and/or to the Central Government and/or to the Advisory Board, he may do so and forward the same through the Superintendent, Central Prison Trivandrum. Shri K. Prakash Anand, Additional Secretary to the Government of India passed the order u/s 10(1) of the PIT NDPS Act for the continued detention of the petitioner for a period of 2 years from the date of the service of the order u/s 3(1) of the Act. As suggested, the petitioner made a representation dated 27-3-90 against the order of his detention u/s 3(1) of the PIT NDPS Act to the detaining authority. This representation has not yet been disposed of.