SHAMBHU NATH SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) By this petition under Article 225 of the Constitution, Shambhu Nath Singh seeks setting aside of the order passed against him on 6th July, 1988 under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Ordinance, 1988 (for short 'the Ordinance') by the Joint Secretary to the Government of India. Shri K. L. Verma, the specially empowered officer under the Ordinance, made the order against the detenu with a view to preventing him from engaging in transportation of narcotic drugs. Along with the impugned order grounds of detention also dated the 6th july, 1988 were served on the detenu on 7th July, 1988 at Central Jail where he was lodged as an under-trial. In paragraph 13 of the grounds he was informed by the detaining authority that :-

(2.) Mr. Grover, learned counsel for the petitioner had urged two contentions before me :

(3.) At this stage , I may note the objection of Mr. Sharma learned counsel for the respondents. According to him, the petitioner has no where averred the date on which he made the representation. The plea is that the petitioner not having given any particulars about the representation; nor having annexed a copy of the representation along with the petition the petitioner is not entitled to urge that a representation was made as alleged. In this context, it is necessary to quote the averment raised in the petition about the representation having been made Paragraph 7 of the petition reads as follows:-