GUL RAHMAN Vs. C D SINGH

JUDGEMENT

(1.) THROUGH this writ petition preferred under Article 226 of the Constitution of India, the petitioner (detenu) has prayed that this Court be pleased to issue a writ of Habeas Corpus or any other appropriate writ, order or direction directing his release, from preventive detention in pursuance of the detention order dated 29-10-1996 passed by the respondent No. 1-Mr. C. D. Singh, Principal Secretary to the Government of Maharashtra, Home Department (Preventive Detention) and the Detaining Authority, detaining him under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988. The detention order along with grounds of detention bearing the same date (29-10-96) was contemporaneously served on the petitioner on 22-11-1996.

(2.) SINCE this writ petition should succeed on a purely legal ground, namely that without rescinding the detention order dated 12-9-1996 the respondent No. 1 could not have issued the detention order dated 29-10-1996, we are not adverting to the prejudicial activities of the detenu which have been set out in the grounds of detention.

(3.) MR. M. R. Kotwal, learned Counsel for the petitioner, has strenuously urged that a perusal of para 9 of the return filed by the respondent No. 1 shows that the order of detention, the grounds of detention and the annexures thereto were signed by the respondent No. 1 on 12-9-1996. On the said date, the said respondent called for translation of the detention order, grounds of detention and the documents. The sponsoring authority sent additional documents for consideration which he once again considered and issued the order of detention on 29-10-1996 contemporaneously with the grounds of detention. Mr. Kotwal urged that without rescinding the detention order and the grounds of detention signed on 12-9-1996, the said respondent could not have issued the detention order dated 29-10-1996 along with grounds of detention bearing the said date. To substantiate his submission, Mr. Kotwal placed reliance on a Division Bench decision of this Court, dated 25-10-1986, passed in Criminal Writ Petition No. 193 of 1986, in the case of (Smt. Leelaben Rattanchand Jain v. Union of India and another ). Since the said judgment is short and in our view its reproduction is necessary to appreciate Mr. Kotwals contention, we are reproducing it. It reads thus:-