ASHFAQ Vs. UNION OF INDIA

JUDGEMENT

(1.) State Government of Rajasthan exercising the powers under Sec. 3, sub-sec. (1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Act, 1988 (hereinafter called the Act) decided to detain Mohd. Ashfaq @ Haji Kallu in order to prevent him from the activities of keeping, concealing, transporting and disposing of the smuggled goods of Narcotic Drugs. This order was issued on 2nd April, 1990 under the signatures of Shri R. Rama Krishnan, Commissioner & Secretary, (Home), Home Department, Rajasthan. This detention order was served on the petitioner on the same day when the grounds of detention and the documents relied upon were also furnished to him. By way of this petition Mohd. Ashfaq has prayed that the order of detention dated 2nd April, 1990 confirmed on 30th May, 1990 may be quashed and he be set at liberty.

(2.) According to the case of the respondents the petitioner was wanted in connection with the seizure of 105.750 Kgs. of heroin on 7th March, 1989 and 55.30 kgs. of heroin on 21/22nd September, 1989.

(3.) In this writ petition a number of grounds have been taken up to challenge the order of detention. Learned counsel for the petitioner has, however, restricted his submission only on the point of delay in consideration of the representation made by the petitioner.