GODWIN CHEMOZIE OMWUBU Vs. UNION OF INDIA

JUDGEMENT

(1.) The Petitioner-detenu has filed this petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, seeking quashment of the detention order dated February 17, 1989, passed by Respondent No. 2 under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988,with a view to preyenting the petitioner from engaging in possession, concealment and abetting in the export from India of narcotic drugs.

(2.) Various grounds have been urged in support of the petition but it is not necessary to refer to all those grounds because this petition is liable to succeed on a very short ground.

(3.) It has been pleaded in para 12 in ground 'M' that the petitioner bad made a written representation dated April 7, 1989, to the Advisory Board wherein he had made a request that his co-detenus who were to appear also before the Board on that day be examined as witnesses in rebuttal but the Board has not acceded to the said request. In the affidavit filed by Smt. Nisha Sahai Achuthan, Joint Secretary to the Government of India. Ministry of Finance, Department of Revenu, New Delhi, it has been averred in the corresponding para that she has no comments in regard to the representation made by the petitioner to the Advisory Board.