SAYED NIZAMUDDIN MOHAMAD Vs. UNION OF INDIA

JUDGEMENT

(1.) On 20th December, 1989 Ms. Nisha Sahai Achuthan, Joint Secretary to the Govt. of India, Department of Revenue, Ministry of Finance while exercising the powers under Scc. 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (hereinafter referred to as the Act) passed an order for the detention of Sayed Farooq Mohd. @ Farrooq @ Sayyed Farooq Isamuddin @ Anand with a view to preventing him from engaging in abetting and transportation of Narcotic Drugs. This order of detention was served upon Sayed Farooq Mohd. on 15th February, 1990 when the grounds of detention along with the documents relied upon in support of the detention were also served upon him. Declaration order dated 1st March, 1990 was issued by K. Prakash Anand, Addl. Secretary to the Government of India, specially empowered officer in exercise of the powers conferred under Sec. 10(1) of the Act.

(2.) A reference was made to the Advisory Board for opinion and after the receipt of the opinion of the Advisory Board order dated 14th June, 1990 was issued by the Central Government exercising the powers under Sec. 9(f) read with Sec. 10(2) of the Act with a direction that the detenu be detained for a period of two years with effect from 15th February, 1990.

(3.) Sayed Nizamuddin Mohamed, brother of the detenu has filed this writ petition under Articles 226 and 227 of the Constitution of India praying for the release of the detenu after setting aside the aforesaid order of detention, declaration and order of confirmation.