( 1 ) CRL. Writ 835/97 under Article 226 of the Constitution of India read with Section 482, Cr. P. C. was filed by Jagdish Chander Sharma, inter alia, alleging that on 1st February, 1997 at about 2. 30 a. m. acting on the basis of specific intelligence about transportation of narcotics, the officers of DRI (Headquarters), New Delhi intercepted two trucks bearing registration Nos. HR-29a-0705 and DLIGA-9499 at Suraj Kund Road - Delhi Haryana border. At the time of interception truck No. HR-29a-0705 was occupied by Manoj Kumar @ Goldie, while truck No. DL-IGA-9499 by Jaspal Singh @ Jassa. Both these trucks were brought to I. P. Bhawan, I. P. Estate, New Delhi and search thereof resulted in recovery of 65. 765 kgs. of Heroin. In follow up action the house of petitioner who is alleged to be owner of truck No. HR-29a-0705, was searched on 1st February, 1997 itself but nothing incriminating was recovered therefrom. Statement of the petitioner under Section 67 of the NDPS Act was recorded wherein he is alleged to have confessed about the ownership of said truck and his having knowledge of the truck being loaded with packets containing Heroin. It is further alleged that the petitioner was arrested, produced before ACMM, New Delhi and remanded to judicial custody on 2nd February, 1997. On 21st April, 1997 the petitioner moved a retraction petition and the prosecution has not bothered to file any reply thereto.

( 2 ) IT is stated that detention order dated 6th May, 1997 made by respondent No. 2 under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (for short the Act ) was served on the petitioner in jail alongwith the grounds of detention. The petitioner made a representation dated 5th June, 1997 from the jail to the Detaining Authority for quashment of the said detention order. By the letter dated 26th June, 1997 Sh. B. K. Arora, Under Secretary to the Government of India intimated the petitioner in regard to rejection of that representation. Simultaneously the petitioner on 5th June, 1997 itself sent a representation to the Secretary, Government of India, Ministry of Finance, Department of Revenue, against his detention and rejection thereof was communicated to him by the letter dated 30th June, 1997by Sh. B. K. Arora, Under Secretary working in the said Department. It is alleged that on 23rd July, 1997 the petitioner was produced before the Advisory Board. Representation made before the Advisory Board for. quashing the said detention order too was rejected. In the meantime declaration under Section 10 (1) of the Act dated 30th May, 1997 was issued by Sh. S. S. Dawra, Additional Secretary to the Government of India. It is claimed that the aforesaid detention order is violative of Articles 14,19,21 and 22 of the Constitution of India. Grounds of challenge have been set out in para No. 8 of the petition. It was prayed that by issuing a writ of habeas corpus or any other appropriate writ or order or direction the detention order dated 6th May, 1997 may be quashed and petitioner be set at liberty forthwith.

( 3 ) IN Criminal Writ No. 345/98 on the facts and grounds identical to that taken in Criminal Writ No. 835/97, Jaspal Soingh @ Jassa, who was found occupying aforesaid truck No. DL-IGA-9499, has sought quashing of the detention order dated 6th May, 1997 issued under Section 3 (1) of the Act against him by respondent No. 2 and his immediate release.

( 4 ) SINCE in both the writ petitions the facts, grounds of challenge as well as arguments advanced are identical, we propose to dispose them of by this common order.

( 5 ) IT was contended by Mr. Sanjeev Kumar appearing for the petitioners that there was no cogent material before the Detaining Authority to form the opinion, (a) that the petitioners were likely to be released on bail in near future in respect of the offences punishable under Sections 21, 23 and 29, NDPS Act for which the complaint has been filed and (b) that there was