PIPAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) - This is a petition filed by Pipal Singh (hereinafter described as 'the petitioner') seeking quashing of the order of detention of the petitioner dated 27.6.1996. It has been passed under Section 6 of the Prevention of Illicit Traffic in Narcotics and Psychotropic Substances Act, 1988.

(2.) THE relevant facts are that in pursuance of secret information, the Punjab Police and the Customs Staff, Ferozepur held a picket near Government Polytechnic College, Dulchike Road, Ferozepur City on 6.1.1996. At about 9.30 p.m. the picket was near the culvert near Government Polytechnic College. A truck was seen coming from Dulchike side towards Ferozepur. It was signalled to stop. Instead of stopping the truck, the driver accelerated the speed and tried to flee away. The members of the picket party fired in the air, as a result of which the driver of the truck stopped the same. Three persons including the driver were overpowered. A gunny bag was recovered from the driver's cabin which was lying in front of the seat. One Satnam Singh deposed that gunny bag contained 40 packets of heroin. The same were recovered.

(3.) THE petitioner seeks quashing of the order on the ground that no recovery was effected from him. He is not a previous convict and, thus, such an order could not be passed. His contention further is that he had submitted representations dated 26.7.1996 which till date have not been decided. The grounds of detention were not supplied to him.