GURMUKH SINGH @ PARDHAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) FOR the activities mentioned in the grounds of detention Annexure P.1/A attributed to the petitioner for the period of middle of April, 1988 to first week of July 1938, the detaining authority vide its impugned order of detention Annexure P.1 dated 6th January, 1989 ordered preventive detention of the petitioner in terms of Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (Central Act 46 of 1988).

(2.) THE legality of detention order Annexure P. 1 has been assailed on the grounds that there is no proximity of time between the events set out in the grounds of detention order Annexure P.1 and the actual detention. Events as already stated are of the period from middle of April to first week of July, 1981. The detention order based thereon was made on 6th January, 1989 while detenu petitioner was actually arrested on 11th August, 1990, that the detaining authority did not apply its mind to the facts and circumstances of the petitioner's case nor is the order of detention based on its subjective satisfaction, that the representation filed by the petitioner was not disposed of promptly by the authorities as envisaged in law, and that the confessional statement recorded by the police against the petitioner is inadmissible in terms of section 25 of the Indian Evidence Act.

(3.) I have heard Shri A.S. Sandhu, Advocate, for the petitioner, Shri S.S. Saron, A.A.G. Punjab, for the State and have carefully gone through relevant material on record.