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2000 Supreme(SC) 1742

UMESH C.BANERJEE, K.G.BALAKRISHNAN
Amritlal – Appellant
Versus
Union Government Through Secretary, Ministry Of Finance – Respondent


ORDER

In these appeals the validity of the order of detention passed by the Joint Secretary to the Government of India stands challenged.

2. The contextual facts depict that the appellants were arrested pursuant to the raid conducted by the officers of the Central Bureau of Narcotics leading to the seizure of 132 kgs. of opium and crime No. 22/96 was registered against them under Sections 8/18 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (for short the Act ). The appellants prayed for being released on bail, but the Addl. District Judge, Neemuch, rejected the application. Subsequently however they were detained under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (for short the PITNDPS Act ) by order dated 5.6.1977. The record depicts that the grounds of detention were communicated to the appellants within the stipulated time and subsequently by order dated 17.8.1997 their detention has been confirmed. The appellants moved the High Court on the ground that it was illegal and invalid as the detaining authority passed the order mechanically and without application of mind and that facts do not justify their













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