SHAMSHER SINGH Vs. STATE OF J&K

JUDGEMENT

(1.) THIS appeal is directed against the judgement of learned Single Judge (brother K. K. Gupta J), passed on May 10, 1990 in Habeus Corpus (W) No. 30 of 1990.

(2.) EVEN as we are called upon to examine the correctness or otherwise of purely two legal contentions raised, while assailing the judgement impugned, still the facts of the case are required to be briefly stated here.

(3.) THE appellant initially appears to have been apprehended in connection with FIR No. 168 of 1989 along with two other persons for offences having been allegedly committed under the prevention of illicit Traffic and Narcotic Drugs and Psychotropic Substances Act of 1988 hereinafter called the Act. A challan came to be produced before the learned Sessions Judge at Jammu, which is still pending and during the proceedings he seems to have been released on bail in July, 1989. But eventually he came to be detained pursuant to order No. 6 dated December 21, 1989. passed under sections 3 and 10 of the Act by respondent No; 2, which order came to be served on him on January 9, 1990, when he was re -arrested and lodged in Central Jail, Jammu, The grounds of detention were also served on him.