habeas corpus

Querist : Anonymous (Querist) 15 April 2011 This query is : Resolved
Brief facts
The petitioner was arrested on 21/11/1990 by zamania police in connection with crime no.402 of 1990 u/s 25 of the Arms Act and section 207 of the Motor Vehicle Act.The petitioner was detained in dist. jail ghazipur in connection with the above case.During the custody of petitioner in dist. jail ghazipur he was served on 10/12/1990 with the detion order passed by the joint secretary to the govt of india.Ministry of finance, dept of revenue,new delhi u/s 3(1)of the PITNDPS Act,1988.the petitioner was given the grounds of detention along with the copies of documents relied on by the detaining authority along with the detention order.

In the grounds of detention it was stated that on secret information of the officer of varanasi and delhi units of narcotic controll bureau intercepted shanti swarop and a.k choudari alias p.p singh on the night of 12/13 august,1990 at the indra gandhi international airport(terminal 2),new delhi when they reported for boarding flight no.k.l.836 to amsterdam.on search of their baggage,p.p singh was found to possess 975grm of heroine concealed in a false bottom of his shoulder bag.on the basis of statements and disclosure made by these persons,the house of petitioner,his father n brothers were searched and 855.25 gm of foreign marked 7 gold biscuits n some incriminating documents were recovered.the father n brothers of the petitioner in their statements admitted their involvement in the bussiness of heroin.kamta rai also stated that the petieioner fell into bad company and started preparing heroin from opium and the petitioner also joined his brothers in the said business and from the money earned from the said business the petitioner had purchased one flat at andheri(bombay).the statements of the members of the petitioner's family clearly revealed that the petitioner had been engaged in the clandestine business of preparing and selling heroin.

on 7/11/1990 a complaint was filed against the petitioner and others under the NDPS Act,1985.before any warrant of arrest could be served on the petitioner in respect of the aforesaid case logded under NDPS Act,1985,the petitioner was arrested on 21/11/1990 in the case registered under the Arms Act and the Motor Vehicles Act.he was arrested and detained in district jail,ghazipur.

the petitioner moved an application for bail on 3/12/1990 before the session judge in respect of the case under NDPS Act,1985.

the detention order u/s. 3(1) of the PITNDPS Act,1988 was passed by the joint secretary to the govt. of india on 4/12/1990 and the aforesaid detention order was served along with the grounds of detention on 10/12/1990 while the petitioner was in district jail,ghazipur.

the petitioner made a representation to the president of india and joint secretary to the govt. of india on 22/12/1990.the central govt. rejected the representation on 21/1/1991.

the petitioner then filed a habeas corpus petition in the allahabad high court challenging the detention

argue before hc division bench of 2 judges in writ petition of habeas corpus of that detenue or for uoi apposing the writ petition

Follow Query

Report Abuse