MASTAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution of India quashing order of detention. dated 1-3-1989, Annexure P. I passed under section 3 of the Prevention of Illicit Traffic in Narcoties Drug and Psychotropic Substances Act, 1988 (hereinafter referred to as the Act). The necessary facts are as follows :- The petitioner was arrested on 30-6-1988 in case FIR No. 121 dated 30-6-1988 under sections 307, 148 and 149 of the Indian Penal Code, 25/27 of the Arms Act, and 5/6 of the Terrorist & Disruptive Activities (Prevention) Apt relating to Guru Har Sahai District Ferozepur in the State of Punjab. During, investigation, he was sent to join interrogation centre Amritsar where he is alleged to have made a detailed confessional statement. Even though the petitioner was in custody in connection with the aforesaid case a detention order Annexure P. I dated 1-3-1989 under section 3 of the Act was served on him on March 4,1988 along with the grounds of detention Annexure P.

(2.) On the same day, the Central Government, was informed regarding the detention. In compliance with the provisions of section 3(2) of the Act, reference was made to the Advisory Board constituted under section 9 of the Act on 17-3-1989. The opinion of the Advisory Board is expected and further action will be taken on receipt of opinion of the Advisory Board.

(3.) In the meanwhile, the petitioner has challenged the order of detention on various grounds.