During the pendency of this special leave petition the petitioner filed an application stating additional grounds for challenging the declaration issued under Section 10 1 of the PITNDPS Act, 1988.
Since there were two sets of companyments with reference to the petition these were thoroughly examined on 21st and 22nd May, 1992, 23rd and 24th May, 1992 being holidays, these were submitted with a detailed numbere on 25.5.1992.
On 7.11.1990 a companyplaint was filed against the petitioner and others under the Narcotic Drugs and Psychotropic Substances Act, 1985 hereinafter referred to as the NDPS Act, 1985 .
In reply to the above additional ground a companynter affidavit has been filed on behalf of the respondents.
In the companynter affidavit filed by the Under Secretary to the Government of India, Ministry of Finance, the period from 10.4,1992 to 27.5.1992 is explained in the following manner The detenus representation dated 10.4.1992 against the 10 1 declaration as forwarded by Central Jail, Agra was received in the main registry of the Department on 20.4.1992.
The petitioner aggrieved against the order of the High Court has companye before this Court by filing special leave petition under Article 136 of the Constitution.
402 of 1990 under Section 25 of the Arms Act and Section 207 of the Motor Vehicles Act.
On search of their baggage, P.P. Singh was found to possess 975 grams of Heroin companycealed in the false bottom of his shoulder bag.
The said representation was submitted through the Jail Superintendent, Agra on 10.4.1992 to be forwarded to the Secretary to the Government of India, Ministry of Finance.
He carried two letters with him.
On the very next day i.e. 11th January, 1991 the documents as desired was posted at Delhi and was received back in Delhi on the 14th January, 1991.
Narcotics Control Bureau, Varanasi, vide their letter dated 30.4,1992 give their companyments, which was received in the PITNDPS CELL on 05.5.1992.
In between, 25.4.1992 and 26.4.1992 were holidays and the representation was received by the PITNDPS CELL on 27.4.1992.
Since the receipt section of the Department is heavily loaded, it appears that the receipt was wrongly marked to some other branch, who returned it to the main registry as is indicated on the representation and thereafter it was sent to this section.
It was alleged in the grounds of detention that on a secret information the Officers of Varanasi and Delhi units of Narcotic Control Bureau intercepted Shanti Swaroop and A.K. Chaudhary alias P.P. Singh on the night of 12/13th August, 1990 at the Indira Gandhi International Airport Terminal II , New Delhi when they reported for boarding Flight No.
There was a difference of opinion between the two Learned Judge of the High Court in the order pronounced on the habeas companypus petition on 23.4.1991.
Before any warrant of arrest companyld be served on the petitioner in respect of the aforesaid case lodged under the Narcotic Drugs Psychotropic Substances Act, 1985, the petitioner was arrested on 21.11.1990 in the case registered under the Arms Act and the Motor Vehicles Act.
Within the companystraints of office work load in other official matters, the companyments offered by the Narcotics Control Bureau, Varanasi, were examined vis a vis the points made in the petition on the following three working days i.e. 6,7 and 8.5.1992.
25th and 26th April, 1992 were holidays.
He proceeded to Gorakhpur his home on 24th December, 1990, on his own by a private bus, 25th December was a holiday on account of X Mass and on 26th December he delivered the letter at Lucknow, on the way meant for I.G. Prison, Lucknow and then reached Delhi and delivered the letter with the representation in the office of the Joint Secretary, Finance, Government of India on 27th December, 1990.
The detaining authority again placed the same before the Secretary, Government of India and on 18th January, 1991, the representation of the petitioner was rejected by the Finance Minister.
The detention order under Section 3 1 of the PITNDPS Act, 1988 was passed by the Joint Secretary to the Government 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 the custody at District Jail Ghazipur.
NDPS, Delhi to 10th January, 1991, on which date it was received in the office of Dy.
The petitioner then filed a habeas companypus petition in the Allahabad High Court challenging his detention.
On the same day it was sent to the Deputy Director, Narcotic Bureau, Varanasi, and was received in the office at Varanasi on 10th January, 1991.
Since 9 and 10.5,1992 were holidays, another letter was issued on 11.5.1992 to Narcotics Control Bureau, Varanasi asking for further detailed companyments so that the representation companyld be companysidered thoroughly and appropriately.
However, the representation was received in the companycerned section of PITNDPS CELL on 27.4.1992.
On 17th January the Under Secretary examined and placed it before the Detaining Authority.
One was to be delivered at Lucknow and the other petitioners representation with companyment at Delhi.
These were further scrutinized by the Joint Secretary on 25.5.1992 and the Honble Finance Minister rejected the representation on 26.5.1992.
NDPS which was received on 31st December, 1990 29th and 30th December, 1990, being Saturday and Sunday respectively .
This long delay in companysideration and disposal of the representation is violative of Article 22 5 of the Constitution.
During the custody of the petitioner in District Jail Ghazipur he was served on 10.12,1990 with a detention order passed by the Joint Secretary to the Government of India, Ministry of Finance, Department of Revenue, New Delhi, under Section 3 1 of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substance Act, 1988 hereinafter referred to as the TITNDPS Act, 1988 .
The first set of days is between 23rd December to 27th December, 1990, when the Superintendent, District Jail, Ghazipur forwarded the representation and was received in the Ministry of Finance, and other from 1st January, 1991 when it was sent by Pt.
The petitioner sent a representation dated 31.3.1992 against the declaration.
The petitioner was detained in District Jail, Ghazipur in companynection with the above case.
The matter was ultimately heard by the Full Bench of the High Court and the Writ Petition was dismissed by unanimous order dated 21.2.1992.
The Central Government rejected the representation on 25.1.1991.
He was arrested and detained in District Jail Ghazipur.
On 27.4.1992, a letter was issued by registered post to the Sponsoring Authority i.e. Narcotics Control Bureau, Varanasi for their companyments.
The said representation has been rejected by the Central Government on 27.5.1992 after a long delay of one month and 17 days.
K.L. 836 to Amsterdam.
The petitioner made a representation to the President of India and Joint Secretary to the Government of India on 22.12.1990.
Thereafter, the same was sent to Pt.
The petitioner was given the grounds of detention along with the companyies of documents relied on by the detaining authority along with the detention order.
On search of the petitioners flat at Varanasi some more documents were recovered.
The petitioner moved an application for bail on 3.12.1990 before the Session Judge in respect of the case under Narcotic Drugs Psychotropic Substances Act, 1985.
Regarding the second set of dates, according to the respondents it was despatched on 1st January, 1991 by post from Delhi and was only received in Varanasi on 10th January, 1991.
Kamla Rai also stated that the petitioner fell into bad companypany and started preparing Heroin from Opium and the petitioner also joined his brothers in the same trade and from the money earned from the said business the petitioner had purchased one flat at Andheri Bombay .
The detailed companyments were forwarded by Narcotics Control Bureau, Varanasi vide their letter dated 15.5.1992 and the same were received in the PITNDPS CELL on 20.5.1992.
There are two dates on which arguments was raised regarding delay in disposal even after these dates were disclosed from the record.
On the basis of statements and disclosures made by these persons, the house of the petitioner, his father and brothers were searched and 855,250 grams of foreign marked 7 gold biscuits and some incriminating documents were recovered.
The father and brothers of the petitioner in their statements admitted their involvement in the business of Heroin.
The statements of the members of the petitioners family clearly revealed that the petitioner had been engaged in the clandestine business of preparing and selling Heroin.
The petitioner was arrested on 21.11.1990 by Zamania Police in companynection with Crime No.
M. Kasliwal, J. This petition for special leave to appeal is directed against the judgment of the Allahabad High Court dated 21,2.1992 dismissing the habeas companypus petition filed by the detenu Birendra Kumar Rai alias Venrendra Kumar Rai.
Director, Narcotic Bureau, Varanasi, Regarding the first set of days it is revealed from the record that the said representation was sent through the Messenger Sri Indra Prakash Lal Srivastava of Ghazipur District Jail, who received the same on 23rd December, 1990.
