IDRIS MOHD Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner seeks a direction to quash and set aside an order for detention under Section 3 (1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (PITNDPS), issued by the second respondent against Mohd. Ayub, S/o Abdul Rahim Chippa, his brother-in-law.

(2.) It is argued that the detention order is patently illegal and violative of Article 21 of the Constitution. Several grounds were urged in support of the contention that the claim has to be allowed. The petitioner submits that this proceeding falls within the acceptable categories crafted out in the judgment reported as Addl. Secretary to Govt. of India and Ors. vs. Alka Subhash Gadia, 1992 Supp1 SCC 496.

(3.) Counsel for the writ petitioners argued primarily that the detention order remained unserved for a considerable period of time and, therefore, has lost its efficacy and relevance. In support of this proposition, reliance is placed on Rajinder Arora v. Union of India, 2006 4 SCC 796 and subsequent decisions of the Supreme Court.