JUDGMENT

This petition for special leave to appeal is directed against the judgment of the Allahabad High Court dated 21-2-1992, (reported in 1992 Cri LJ 3866) (FB), dismissing the habeas corpus petition filed by the detenu Birendra Kumar Rai alias Virendra Kumar Rai.

2. The petitioner was arrested on 21-11-1990 by Zamania Police in connection with Crime No. 402 of 1990 under Section 25 of the Arms Act and Section 207 of the Motor Vehicles Act. The petitioner was detained in District Jail, Ghazipur in connection with the above case. 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 Substances Act, 1988 (hereinafter referred to as the PITNDPS Act, 1988). The petitioner was given the grounds of detention along with the copies of documents relied on by the detaining authority along with the detention order.

3. 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. K. L. 836 to Amsterdam. On search of their baggage, P.P. Singh was found to possess 975 grams of Heroin concealed in the false bottom of his shoulder bag. 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. On search of the petitioners flat at Varanasi some more documents were recovered. The father and brothers of the petitioner in their statements admitted their involvement in the business of Heroin. Kamta Rai also stated that the petitioner fell into bad company 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 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.

4. On 7-11-1990 a complaint was filed against the petitioner and others under the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the NDPS Act, 1985). Before any warrant of arrest could be served on the petitioner in respect of the aforesaid case lodged under the NDPS Act, 1985, the petitioner was arrested on 21-11-1990 in the case registered under the Arms Act and the Motor Vehicles Act. He was arrested and detained in District Jail Ghazipur. The petitioner moved an application for ball on 3-12-1990 before the session Judge in respect of the case under NDPS Act, 1985. The detention order under Section 3 (i) 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. The petitioner made a representation to the President of India and Joint Secretary to the Government of India on 22-12-1990. The Central Government rejected the representation on 25-1-1991. The petitioner then filed a habeas corpus petition in the Allahabad High Court challenging his detention. There was a difference of opinion between the two learned Judges of the High Court in the order pronounced on the habeas corpus petition on 23-4-1991. 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 (reported in 1992 Cri LJ 3866). Th