KULWANT SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, Kulwant Singh, challenges the legality of the order passed on July 6, 1988 by Shri K. L. Verma, Joint Secretary to the Government of India under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Ordinance, 1988 (in short the Ordinance). The order was made with a view to preventing the petitioner from engaging in possession and sale of narcotic drugs. The grounds of detention also dated the July 6, 1988 were served on the detenu on July 7, 1988 while he was in judicial custody at Central Jail, Tihar.

(2.) A number of pleas have been taken in the petition but before us it is the plea urged in the additional affidavit filed on December 20. 1988, which has been pressed. The argument is that the representation made by the detenu seeking revocation of the impugned order has been considered and rejected by Shri K. L. Verma. The plea is that it was required under the law to be considered by the appropriate Government, in this case the Central Government. Paragraphs 2 and 3 of the said affidavit may be quoted to highlight the contention:

(3.) Along with the abovesaid affidavit, the respondents have filed an order dated the July II, 1988 passed by Shri S. B. Chavan, Minister of Finance, Government of India, New Delhi, whereby certain powers of the Central Government are to be exercised by the officers in the Ministry. The order has been passed in pursuance of the provisions of Rule 3 of the Government of India (Transaction of Business) Rules, 1961. That order 248 inter alia, provides that the Additional Secretary or Joint Secretary in the said Ministry can exercise the powers under section 5, sub-section (1) of Section 8, Clause (f) of Section 9, Section 12 and sub-section (1) of Section 13. The said annexure is marked as (R-II).