LAWS(BOM)-1998-8-78

AHSAN-UR REHMAN Vs. C D SINGH

Decided On August 12, 1998
Ahsan-Ur Rehman Appellant
V/S
C D SINGH Respondents

JUDGEMENT

(1.) THROUGH this writ petition preferred under Article 226 of 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 the writ petition should succeed on a purely legal ground, namely that only after rescinding the grounds of detention signed on 12.9.1996 the respondent no.1 should have subsequently reformulated the grounds of detention, we are not adverting to the prejudicial activities of the petitioner which have been set out in the grounds of detention.

(3.) MR . Kotwal also pointed out that in his return Mr.Kamble has not mentioned the date on which detention order was passed and the grounds in its support were formulated.