Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 - Detention under - For possessing contraband articles though accused under judicial custody and proceedings under NDPS Act initiated against him - Detention order confirmed by Advisory Board - Representations for revoking detention order rejected-Dismissal of Writ Petition-On appeal held: Detenu was not deprived of opportunity of being represented before Advisory Board - Delay in considering the representation not fatal - Thus, only further detention of detenu became illegal and the original detention order not vitiated - Detaining Authority took into consideration antecedent of detenu; that he retracted from his earlier confession; and that he had filed application for bail - Co-accused of detenu not released on bail and thus, detaining authority was to apply his mind on the material on record to arrive at his subjective satisfaction - Thus, on facts and circumstances of the case, detention order not sustainable and set aside - Narcotic Drugs and Psychotropic Substances Act, 1985.Contraband articles were allegedly recovered from the possession of the appellant. The appellant was arrested and was remanded to Narcotic Control Bureau custody till 8.12.1999, whereafter he was remanded to judicial custody. Though prosecution proceedings under the Narcotic Drugs and Psychotropic Substances Act, 1985 were initiated against the appellant and he continued to be in judicial custody, by order dated 15.2.2000 appellant was detained under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988. It was held that there was every likelihood of his being released on bail by the Court, whereupon he was likely to engage himself in illicit traffic in Narcotic drugs therefore, there was compelling necessity to detain him under the 1988 Act. Appellant filed application not to transfer him to Delhi but the same was rejected. Thereafter, on 22.4.2000 meeting of the Advisory Board was held and the detention order was confirmed on 12.5.2000. Appellant's first representation for revocation of the detention order was rejected. He then filed another representation to the detaining authority for reconstitution of Advisory Board as he was deprived of his right to appear before it on 22.4.2000 but the same was also rejected. Aggrieved, appellant filed writ petition on the ground that he was deprived of opportunity to appear before the Advisory Board; that the letter issued by the appropriate Government to him was antedated and his advocate received the same after the Advisory Board held its meeting, the same was illegal and thus it was obligatory on the part of the appropriate Government to reconstitute the Advisory Board; that his second representation was based on fresh facts and new grounds, there was undue delay in disposal of his representation and that the detaining authority had mechanically passed the detention order without taking into consideration the relevant fact that he was alleged to have committed serious offences under the Act and in view of section 37 it was unlikely that he would have been released on bail. High Court rejected the grounds. Hence the present appeal. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2007 INSC 980 |
Petitioner | Sayed Abul Ala |
Respondent | Union Of India And Ors. |
SCR | [2007] 10 S.C.R. 631 |
Judgement Date | 2007-09-26 |
Case Number | 765 |
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