G R NEWAR Vs. UNION OF INDIA

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution, the petitioner challenges his detention vide order dated 7th July 1988 passed by Shri K.L. Verma, Joint Secretary to the Government of India Ministry of Finance, Department of Revenue, New Delhi, as an officer india empowered in this behalf under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substance Ordinance, 1988 (for short the 'Ordinance').

(2.) As a sequel to recovery of 3 packages received at Calcutta on 5th August, 1987 under one consignment note from Delhi, the police registered a case against Govind Ram Newar (petitioner herein), the consignor as also against the consignee of the said goods. He bad been arrested earlier by the West Bengal Police, in another cases registered under Section 22/29 of NDPS Act. It appears from .the grounds of detention that the petitioner was released on bail on 22nd September, 1987, under orders of the Chief Judicial Magistrate, Calcutta, in the earlier case. The petitioner appeared before the Officers of the Narcotic Control Bureau, Calcutta on 25 September, 1987 in connection with the consignment allegdiy received on 5th August, 1987. and pursuant to the statement given by him, he was placed under arrest in the aforesaid case on 26th September, 1987. The order of detention which is under challenge in this petition was passed on 7th July, 1988.

(3.) One of the pleas urged, assailing the legality of the detention order, is that all the relevant and material facts were not disclosed/placed before the detaining authority with the result that the satisfaction of the said authority stands vitiated, and the petitioner's continued detention is liable to to be revoked.