GURMINDER SINGH ALIAS LALLI Vs. UNION OF INDIA

JUDGEMENT

(1.) By this writ petition under Article 226 of the Constitution of India the petitioner seeks quashing of the order dated 27/3/1997 passed by the Joint Secretary, Government of India, under section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (for short 'the Act').

(2.) The facts of the case are that on 23/12/1996 the officials of the Directorate of Revenue Intelligence (for short 'D.R.I.') intercepted a Maruti Car, bearing registration No. DL-4CB-4104, near Delhi Police check post at Sindhu Border after it had entered Delhi. The car was being driven by the petitioner. Besides the petitioner there was another occupant of the car Mr. Jagdeep Singh, who was found sitting next to the petitioner. Search of the car by the officials of the D.R.I. led to recovery of 4 kgs. and 800 grams of heroine.

(3.) The statement of the petitioner under section 67 of the Narcotic Drugs and Psychotropic Substances Act, 1985 was recorded on 24/12/1996. Subsequently, on the same day the petitioner was produced before the A.C.M.M., New Delhi, who remanded him to judicial custody. On 27/3/1997, while the petitioner was in judicial custody facing trial in connection with the recovery of the above said contraband, the impugned order of detention was passed against him. The petitioner being aggrieved of the detention order has challenged the same.