TEHAL SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) These two criminal writ petition Nos. 1485 and 1539 of 1996 have been preferred on behalf of Tehal Singh and Sukhwinder Singh (hereinafter referred to as the detenus) for quashing of two detention orders dated 18-7-1996 passed by the respondents.

(2.) Briefly narrated the facts are that on 29-2-1996 at 6.40 hours Tehal Singh and Sukhwinder Singh, the driver and owner of the car were arrested by the officers of the Directorate of Revenue Intelligence, New Delhi at Amritsar while they were travelling in Maruti Car No. PB-10-S-3385 at Baba Bakala crossing near Rayya on G.T. road. The car was driven by Tehal Singh and he was accompanied by the owner of the car Sukhwinder Singh who was sitting besides him on the front seat. The said vehicle was escorted to D.R.I. Office situated at M-I/C, Green Avenue, Amritsar and in the presence of two independent witnesses both the detenus were given option regarding their personal search and that of the car to be conducted in the presence of a Gazetted Officer or a Magistrate. Accordingly on their personal search and that of the car in the presence of A.D.D.R.I. Amritsar and two independent witnesses 14 packets of heroin were recovered from them.

(3.) In this regard two detention orders F.No.801/10/96-PITNDPS and F.No. 801/9-96-PITNDPS dated 18th July, 1996 were passed by the Joint Secretary to the Government of India Shri A.K. Srivastava in exercise of the powers conferred upon him by Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988. Therefore, both the detenue Sukhwinder Singh the owner of the car and its driver Tehal Singh were detained and kept in custody in Central Jail, Amritsar. Against the said detention Tehal Singh filed his representation on 31-9-1996 whereas Sukhwinder Singh on 6-9- 1996. Both the representations were rejected vide order dated 3-10-1996 passed by the respondents.