GULSHER KHAN Vs. UNION OF INDIA & ANR.

JUDGEMENT

(1.) THIS order shall dispose of Writ Petitions No. 1102/95 and 1208/95 as similar facts and common question of law arises in both these cases.

(2.) ONE Shri Gulsher Khan, next friend has filed this petition under Article 226 of the Constitution challenging the detention order passed against Sattar Khan alias Sattu alias Hama s/o Beran Khan, who has been put under detention 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') - One Shri Ramdas, brother -in -law of detenue has filed Writ Petition No. 1208/95 challenging the detention order passed against Baludas, who has also been detained under Section 3(1) of the PITNDPS Act.

(3.) SATTAR Khan alias Hama was arrested on 3 -1 -1995 on the basis of statement of Nisar Ahmad, as referred above. Statement of Sattar Khan was recorded under Section 67 of the NDPS Act in which he disclosed that he purchased opium from present detenue Baludas and, thereafter, manu ­factured Heroine from opium. On the basis of this statement house of Baludas (detune) at village Sarsod, was raided on 5 -1 -1995, but nothing incriminating was found. As; recorded in Panchnama dated 5 -1 -1995 (Annexure -D) Baludas was served a notice of interrogation on 5 -1 -1995 and his statement was recorded under Section 67 of the NDPS Act (Annexure -E). Baludas (detenue) was arrested on 5 -1 -1995 vide Annexure -F. An applica -for bail was moved on behalf of detenue Baludas, vide Anuexure -G. He was released under orders of the High Court of M. P. Bench at Indore on 8 -3 -1995 vide Annexure -H. Thereafter, the order of detention dated 23 -6 -1995, F. No. 801/3/95 (Annexure -A) was passed against him. The order of ' detention and the grounds thereof were served on 20 7 -1995 (Annexure -B). The detaioing authority placed reliance on various docu ­ments the list of the same is Annexure -C. He made a representation against his detention on 31 -8 -1 95 (Annexure -1), the same was decided by the detaining authority on 10 -10 -1995 and by the Central Government on 13 -10 -1995: