MANGU SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This habeas corpus writ petition under Article 226, Constitution of India has been preferred by Smt. Paras Kanwar wife of Mangu Singh, detenu detained by the respodent No. 1 vide order dated 4th of April, 1997 under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 for short PIT NDPS Act. The detention has been challenged inter alia on the ground that the detenu was granted bail vide order dated 19-3-97 and that the detenu had also retracted the alleged confession vide his application dated 25-10-96, but these important facts were not considered by the detaining authority. It was prayed that orders Annexures 1 and 3 dated 4-4-97 and 12-6-97 be quashed by issuing appropriate writ, order or direction and petitioner released forthwith.

(2.) In the return, respondent No. 1 averred that no retraction statement dated 26-10-96 was received in the office of the respondent and that the order dated 19-3-97 granting bail to the petitioner was also not received in his office till the detention order was issued.

(3.) We have heard the arguments of learned Counsel for the parties and perused the documents placed on record. Mr. Shah has produced certified copies of the application dated 25-10-96 and 4-12-96 filed in the criminal case.