BADRILAL Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner challenges the detention Order FN-801/a-5/91 dt. 7. 5. 97 passed by Resp. No. 1 under Section 3 (1) of Prevention of Illicit Traffic in N. D. P. S. Act 1988 (hereinafter called as PIT NDPS Act for convenience ).

(2.) FEW facts need to be mentioned for unfolding the matter. It is alleged by the prosecution that 29 Kgs. of opium was seized from the field belonging to and in possession of the petitioner by the raiding party under the employment of the respondents more particularly under control of C. B. N. Neemuch. The petitioner was prosceuted and when he was in custody, an order was passed against him for his detention which has been mentioned above.

(3.) IT appears from the record and the submissions that during the course of investigation of the said crime, the petitioner gave a statement which was recorded by the investigating agency in view of provisions of Section 67 of NDPS Act 1985 (hereinafter referred to as NDPS Act for convenience ).