ANIL NAYAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present writ petition has been filed by Anil Nayar petitioner under Article 226 of the Constitution of India for quashing the detention order No. 5/17/94-2-H III (PITNDPS) 1580, dated 13.10.1995, copy Annexure P.1, passed by the Deputy Secretary Home, Government of Punjab, Department of Home Affairs and Justice, against the petitioner, under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (Central Act No. 46 of 1988) with a view to prevent the petitioner from indulging in the smuggling and selling of the Narcotic Drugs.

(2.) THIS writ petition was allowed on 8.11.1996 for the reasons to be recorded later on.

(3.) REPORT of the Chemical Examiner was sought and as the report dated 15.3.1995, it was not clear whether the material recovered was prohibited drug/contraband or not. Hence a clarification was sought from Central Revenue Control Laboratory, New Delhi because the report which was produced earlier on 21.3.1995 was not clear. On 10.4.1995 Central Revenue Control Laboratory, New Delhi clarified that the material does not fall under Narcotic Drugs and Psychotropic Substances Act. In the meantime on 21.3.1995 second sample was sent to C.F.S.L., Chandigarh and the said laboratory gave report holding the material to be heroin. Thus the sample was sent for examination while the petitioner was behind bars.