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1991 Supreme(SC) 94

L.M.SHARMA, B.C.RAY, J.S.VERMA
Gracy – Appellant
Versus
State Of Kerala – Respondent


JUDGMENT

VERMA, J.:— This writ petition under Art. 32 of the Constitution of India is by the mother of the detenu Noor alias Babu to quash the detention order F. No. 801/ 1/ 90-PITNDPS dated 25-1-1990 passed under S. 3 of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (in short PITNDPS Act) and the order of confirmation in F. No.801/1/90-PITNDPS dated 24-4-1990 passed under S. 9(f) read with S. 10(2) of the PITNDPS Act, by the Central Government directing detention of the detenu for a period of two years w.e.f. 30-1-1990. The only argument advanced in support of this writ petition is infraction of Art. 22(5) of the Constitution of India. The facts material for the point raised are stated hereafter.

2. The detenu was arrested from his family estate at Kochuveetil House, Kuthugal, Udumpanchola Taluk, Idikki District, Kerala on 19-10-1989 on the accusation that he and his brothers were involved in extensive illicit cultivation of ganja plants (Cannabis Sativa) in violation of the provisions of Narcotic Drugs and Psychotropic Substances Act, 1985 (in short NDPS Act). He was produced before the Judicial Magistrate who rejected his bail applicati















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