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1989 Supreme(Del) 380

M.K.CHAWLA, S.B.WAD
ASHOK SOLOMON – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
A.K.NIGAM, ASHOK ARORA, Kamini Lao, KAPIL SIBAL, R.P.Lao

S. B. Wad

( 1 ) PETITIONER, Ashok Solomon, has through this habeas corpus petition challenged the detention order against him passed on 19. 1. 89 The order was passed under Section 3 (1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psyhotropic Substances Act, 1988. In the detention order he is described as a kingpin in organised drugs trafficking. It is alleged that about 400 KGs. of charas was recovered from him on 21. 7. 86. The Secretary (Home), Delhi Administration, exercised his subjective satisfaction (that detention of the petitioner was necessary for prevention of illicit trafficking in drugs) on 19. 1. 1989 and passed the impugned order. After the alleged recovery of large quantities of charas from the detenu on 21. 7. 1986, criminal prosecution was started under the said Act. If the prosecution would have been vigorously pursued by the Administration the petitioner could have been convicted by now and could have been at least sentenced to ten years rigorous imprisonment and fine of Rs. I lac which is the minimum sentence under the Act. But, even after the lapse of three years the main witnesse regarding recovery of large quantity of charas are not examined an






































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