GURBAX BHIRYANI Vs. UNION OF INDIA

JUDGEMENT

(1.) By this petition (Criminal Writ Petition No. 491/88) the petitioner, Gurbax Bhiryani, is challenging the legality of the order passed under Section 3(1) of the prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (hereinafter referred to as 'the Act'). The order was passed on 14th September, 1988 by Shri K. L. Verma, a Joint Secretary to the Government of India, specially empowered under the Act, with a view to preventing the petitioner from abetting the export from India, of narcotic drugs. The declaration under Section 10(1) of the Act issued on 30th September, 1988 has been challenged by him in a separate writ petition (Criminal Writ Petition No. 625 of 1988).

(2.) This judgment disposes of both the writ petiticns.

(3.) At the outset, we may notice that the impugned order is the second order of detention passed against the petitioner. The first order was passed on 24th May, 1988 by the said Shri K. L. Verma under the provisions of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short 'the COFEPOSA'). That order was revoked by the Central Government under Section 11(1) of the COFEPOSA on. 14th September, 1988 and a fresh order under the Act, which is impugned herein, was passed and served on the detenu on 14th September, 1988 itself while he was under detention, It is necessary to notice some of the facts preceding the issuance of impugned order.