SURAJMALYADAV Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. Ram Balak Mahto, learned Senior Counsel for the petitioner and Mr. G. P. Jaiswal, Additional Standing Counsel for the respondent Union of India.

(2.) The petitioner has approached (his Court in this petition under Articles 226 and 227 of the Constitution of India against the order of detention dated 23-3-1994 passed by Respondent No. 2 against him in exercise of power conferred under Section 3 (1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (hereinafter referred to at 'the Act') before execution of the order of detention.

(3.) The Petitioner's case it that he was arrested in connection with N D. Case No. 9 of 1993 registered under Section 8 and 20 of the Narcotics Drugs and Psychotropic Substance Act, 1985 and the petitioner was enlarged on bail by this Court by order dated 30-9-93. But to frustrate the liberty granted to the petitioner by enlarging him on bail, respondent No. 2 has passed order of detention on 23-4-94 in the exercise power under Section 3 (1) of the Act. The petitioner has, therefore, approached this Court impuging the said order before execution of order of detention, According to the petitioner there is no material before the detaining authority to derive the subjective satisfaction for the exercise of power under Section 3 (1) of the Act. The order has been passed arbitrarily for a wrong purpose.