DESH RAJ VERMA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Through this writ petition preferred under Article 226 of the Constitution of India petitioner-detenu Desh Raj Verma has impugned the order dated 30-5-2003, issued by Mr. C. P. Singh, Deputy Secretary, Home and Confidential Department, Govt. of U. P., on behalf of Govt. of U. P., detaining him under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988. The detention order, along with the grounds of detention, which are also dated 30-5-2003, was served on the petitioner- detenu on 7-6-2003 and their true copies have been annexed as Annexures 6 and 5 respectively to this writ petition.

(2.) The prejudicial activities of the petitioner-detenu warranting the issuance of the impugned detention order against him are contained in the grounds of detention (Annexure-5). A perusal of the grounds of detention shows as under : On 15-1-2003, sometimes between 9.00 A. M. and 10.00 A. M., when a police party of Police Station Zaidpur reached Gulriha tiraha it found a person coming from the side of Zaidpur. On seeing the police party the said person starting walking fast. The police party asked him to stop, but instead of stopping he tried to run away. At about 9.55 A. M. the police party apprehended him and seized from his person 650 grams of morphine under a recovery memo. It sealed the morphine and took the said person in custody. On interrogation, he disclosed his name as Desh Raj Verma (the petitioner). A perusal of the grounds of detention further shows that on the basis of the aforesaid prejudicial act the detaining authority concluded that in order to prevent the detenu from committing such prejudicial acts in future it was imperative to detain him vide the impugned order. A perusal of the grounds of detention also shows that the petitioner therein has been apprised of his right to make a representation to various authorities.

(3.) We have heard learned counsel for the parties.