BABULAL VILDARAM BISHNOI Vs. REVA NAYYAR

JUDGEMENT

(1.) THROUGH this petition preferred under Article 226 of the Constitution of India, the petitioner, who is the brother-in-law of detenu Harish chutraram Bishnoi alias Rajubhai alias Harish, has impugned the detention order dated 30-9-1997 passed by the respondent no. 1 Smt. Reva Nayyar, Joint Secretary to the Government of india, Ministry of Finance, Department of Revenue, New delhi, detaining the detenu under section 3 (1) of the prevention of Illicit Traffic in Narcotic Drugs and psychotropic Substances Act, 1988 (hereinafter referred to as the PITNDPS Act) and the declaration No. 22/97 dated 21-10-1997, issued under section 10 (1)of the PITNDPS Act by the 3rd respondent Mr. S. S. Daware, Additional Secretary to the government of India, Ministry of Finance, Department of revenue, New Delhi.

(2.) THE detention order dated 30-9-1997, along with grounds of detention bearing the same date was contemporaneously served on the detenu on 13-10-1997.

(3.) WE have heard Mr. R. G. Merchant for the petitioner, mr. R. M. Agarwal for respondent Nos. 1 to 3 and Mrs. V. K. Tahilramani for respondent Nos. 4 and 5. Since this petition, in our judgment, should succeed on a solitary ground namely that pleaded as ground No. 6 (g) in the petition, we are not adverting to the prejudicial activities of the detenu mentioned in the grounds of detention.