All the companytentions having been rejected by the High Court by reason of impugned judgment, the appellant has preferred this appeal.
Before the High Court three companytentions were raised by the appellant.
765 OF 2003 B. SINHA, J. Appellant herein was detained under the Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act,1988 hereinafter referred to as the Act by an order dated 15th February, 2000.
He was remanded to NCB custody till 8.12.1999, whereafter when he was remanded to judicial custody.
Eighteen kilos and eight hundred thirty grams of heroin was alleged to have been recovered from his possession from a hotel room.
The said representation was also rejected.
It cannot, therefore, be said that there was a reasonable prospect of the appellants number being further remanded to custody on October 13, 1988 and their being released from custody at the time when the order for preventive detention of that appellant was passed on October 11, 1988.
of brown powder kept in nineteen transparent polythene bags kept inside three Safari suitcases, was said to have been recovered.
He, however, questioned the validity of the said order of detention before the High Court of Delhi inter alia on the premise that unless the order of detention is set aside, a proceeding may be initiated against him under Chapter VA of Narcotic Drugs and Psychotropic Substances Act, 1985.
In the search, which was companyducted at the said place on 29/30th November, 1999, 32.305 kg.
Thirdly, although the appellant was in judicial custody at the relevant point of time, the detaining authority had mechanically passed the order of detention without taking into companysideration the relevant fact, namely, he was alleged to have companymitted serious offences under the said Act and in view of Section 37 thereof, it was unlikely that he would have been released on bail.
It is also number in dispute that upon recommendations of the Advisory Board, the order of detention was companyfirmed on 12.5.2000.
The first representation was made on 14th March,2000 raising all legal questions.
Another raid was companyducted in House No.995, situate at Kishanganj, Teliwara, near Azad Market, Delhi on 29/30th November,1999.
It was companytended that the purported letter dated 7.4.2000 issued by the appropriate Government to him was an ante dated one and in any event his advocate having received the same only on 25th April,2000, i.e., after the Advisory Board held its meeting on 22nd April,2000, the same was illegal and thus it was obligatory on the part of the appropriate Government to reconstitute the Advisory Board.
He, however, filed another representation on 26th May,2000 inter alia on the premise that his Constitutional right to appear before the Advisory Board having been denied to him, he was entitled to revocation of the order of detention dated 15th February,2000.
The order of detention was placed before the Advisory Board for companyfirmation.
Appellant filed an application before the special judge that he may number be transferred to Delhi.
The said plea was number accepted.
According to the appellant on the aforementioned date neither he number his advocate Shri S.C. Puri companyld appear before the Advisory Board as he was being taken to Delhi from Bengal, and his advocate received the said companymunication from the Advisory Board only on 25th April,2000.
Aggrieved, he filed a writ petition before the High Court.
Firstly, his Constitutional right to be represented before the Advisory Board having been denied to him and having regard to the second representation made by him, the appropriate Government was under a companystitutional obligation to reconstitute another Advisory Board so as to enable him to make proper representation before it.
Secondly, his representation dated 26th May,2000 being based on fresh facts and new grounds, the same should have been disposed of at an early date but delay of 40 days having occurred, the order of detention should be set aside.
CRIMINAL APPEAL NO.
The said representation was rejected.
Appellant made two representations praying for revocation of the order of detention.
Appellant was indisputably arrested by the officers of Narcotic Control Bureau NCB on 29.11.1999.
The Advisory Board was to hold its meeting on 22nd April,2000.
The period of detention is over.
