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2009 Supreme(Del) 562

BADAR DURREZ AHMED, P.K.BHASIN
Rajesh Sharma – Appellant
Versus
Union of India – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: K.T.S. Tulsi, Sr. Adv., Sanjiv Kumar, S.S. Dass, S.K. Santoshi, Sumit Arora and Rohit Aggarwal, Advs.
For Respondents/Defendant:P.P. Malhotra, ASG, Satish Aggarwal, Shirish Aggarwal, Shankar Chabra, Advs. for Respondent No. 1 and Meera Bhatia, Adv. for Respondent No. 2

JUDGMENT

Badar Durrez Ahmed, J.

1. These petitions seeking the issuance of a writ of habeas corpus are directed against the detention orders passed against the petitioners in each of the petitions by the Joint Secretary to the Government of India, Department of Revenue, Ministry of Finance, New Delhi in purported exercise of powers conferred under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (hereinafter referred to as the PIT-NDPS Act"). The detention order in the case of the petitioner Rajesh Sharma in WP (CRL) 326/2009 was made on 27.02.2009, whereas the detention order in respect of the petitioner Nafe Singh in WP (CRL) 384/2009 was made on 13.03.2009.

2. Both Rajesh Sharma and Nafe Singh were arrested with other co-accused Diwakar Gupta and Amit Kohli on 06.05.2008 on the allegation that they had indulged in illegal trading of diazepam, lorazepam, alprazolam, clonazepam and phenobarbitone. These are all drugs specified in Schedule H to the Drugs and Cosmetics Rules, 1945. It is also an admitted position that they are psychotropic substances and are specified in the Schedule to the Narcotic Drugs and Psychotropic Subs
















































































































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