MOHSINKHAN Vs. DIRECTORATE GENERAL OF POLICE

JUDGEMENT

(1.) Draft amendment is allowed. To be carried out forthwith. The present petition is directed against order of detention dtd. 29/11/2021 passed by the respondent - detaining authority in exercise of powers conferred under sec. 3 (2) of the Prevention of Illicit Trafficking in Narcotic Drugs and Psychotropic Substances Act , 1988 (for short " NDPS Act ") by detaining the petitioner - detenu under the powers conferred under Sec. 3(1) of the NDPS Act.

(2.) Heard learned advocate for the detenue and learned AGP Mr. Aditya Jadeja for the respondent State and perused the materials placed on record.

(3.) Learned advocate for the detenu has vehemently submitted that the that the entire exercise undertaken by the detaining authority is merit less and since there is no strict compliance with the provisions of the act in question, the detention order itself is illegal ab initio. He has prayed to allow the petition. He has relied upon the order of the Division Bench of this Court dtd. 31/8/2020 passed in Letters Patent Appeal No.454 of 2020 in Special Civil Application No.8091 of 2020 in case of Vijay alias Ballu Bharatbhai Ramanbhai Patani (Kaptiywala) V.s State of Gujarat. He has relied upon the following decisions:-