CHAND SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition is filed for issuance of a writ of habeas corpus directing the release of the petitioner who is confined in Central Jail, Patiala in pursuance of the order passed by respondent No.1 under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act. 1988.

(2.) According to the petitioner he was arrested on 13-12-1994 in a case FIR No. 282 dated 13-12- 1994 for the offence under Sections 18/61/85 of the Narcotic Drugs and Psychotropic Substances Act and in that case he was acquitted by the learned Additional Sessions Judge, Ludhiana on 9-7- 1997. Meanwhile on 11-1-1996, the impugned order under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act. 1988 for the detention of the petitioner has been passed.

(3.) According to the petitioner he was not involved in any activity relating to Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act. 1988 and the detention order has been passed only on the basis of the alleged confessional statement said to have been made by him and there is no material on record to show that he has been indulging in illicit Traffic in Narcotic Drugs and Psychotropic Substances Act. He was prosecuted only in one case, which ended in acquittal. Therefore the order passed on 11-1-1996 is illegal and liable to be set aside. It is also averred that the detention order is vague and no specific allegations have been made therein against the petitioner and there is delay of more than one year in passing the order after recording the alleged confessional statement. Thus the delay vitiates the detention order. It is further averred that a reference to the Advisory Board was made after lapse of considerable time. On this ground also the detention order is liable to be quashed. It is also averred that there is delay in communicating the order to the petitioner.