AMAR SINGH Vs. SECRETARY TO GOVERNMENT PUNJAB

JUDGEMENT

(1.) FOR prejudicial activities attributed to detenu petitioner Amar Singh in the grounds of detention Annexure P. 1/A for the period from first week of March to 23rd April, 1988, detention order Annexure P. 1 was clamped by the detaining authority upon him on 1st June, 1989, under section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988, for, preventing, him from engaging in the concealment transportation and inter-State import of narcotic drugs. In Criminal Writ Petition No. 2918 of 1989 the validity of detention order Annexure P. 1 have been assailed by the detenu petitioner on the grounds of its having been passed by the detaining authority is a mechanical manner without application of mind to the peculiar facts and circumstances of the case against him, much less on its subjective satisfaction, there is no nexus between the prejudicial activities and the order of detention passed 13 months thereafter and served on the petitioner 14 months after that the Act was enforced on 4th July, 1988, and action on its basis was taken restropectively qua the prejudicial activities of March/April 1988 and that the representation dated 30th August, 1989 was not decided by the authorities concerned earnestly and with due promptitude in Article 22(5) of the Constitution India.

(2.) RESPONDENT State urged in reply that the impugned order was passed by the detaining authority after due application of mind on its subjective satisfaction that the factum of the petitioner being already on bail in punitive jurisdiction was no bar to the detaining authority ordering his preventive detention as well. It was conceded that the prejudicial activities attributed to the petitioner were of March/April, 1988 and it was assertion order against the petitioner was initially delayed on account of its being in custody till 28th, October 1988 and thereafter for non-receipt of comments from the quarters concerned. It was also stated that the representation was received from the Superintendent, Central Jail Patiala, on 5th September, 1989 and rejected on 6th Oct. 1989. Detention order Annexure P. 1 was admittedly conveyed to the petitioner on 12th October, 1989. Detention order Annexure P. I was stated to have been made under section, 3 of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1989, in terms of section 15 of Act No. 46 of 1988.

(3.) ALL the four grounds of illegality vitiating the order of detention Annexure P.1 dated 1st June, 1988 are being discussed hereinafter at factum: