DUNCAN AGRO INDUSTRIES Vs. UNION OF INDIA

JUDGEMENT

(1.) The Petitioner, Kulwant Singh, challenges the legality of the order passedon 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.) That the petitioner states and submits that the representation made by him has not been considered and decided by the competent authority and as a consequence thereof the continued detention of the petitioner has become illegal on this ground over and above the grounds set out in the main writ petition."