JYOTIN VYAS Vs. UNION OF INDIA

JUDGEMENT

(1.) (Rule D.B.).-By this petition, Jyotin Vyas who has been preventively detained, challenges the order of detention made by Shri K.L. Verma, Joint Secretary to the Government of India, a specially empowered officer under Section 3(1) of the Prevention of Illicit Traffic, in Narcotic Drugs and Psychotropic Substances Ordinance, 1988 (hereinafter referred to as the Ordinance) on 6th July, 1988. The said order was passed with a view to preventing the detenu from engaging in possession, sale and purchase of psychotropic substances. The impugned order of detention and the grounds of detention were served on the detenu while he was in judicial custody in Central Jail, Tihar.

(2.) To appreciate the contentions urged before us, a few may be noticed.

(3.) On a secret information received by the Officers of the Narcotics Control Bureau, the godown of M/s. Delhi-Kanpur- Gondia Transport Company, Delhi was searched on 5th August, 1987 and two packages containing in all 50,000 Prodorn tablets containing Melhaqualone Psychotropic substance were seized. The said consignments were booked by one Tejinder Singh under Goods Receipt No. 627020. As a result of interrogation of Tejinder Singh, the residential premise of the petitioner (the detenu) were searched on 6th August, 1987 which led to the recovery of one polythene bag containing white powder weighing 25 Kg. On being tested with a test kit, the white powder was found to be Methaqualone Psychotropic Substance. It was seized under a Panchnama.