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2022 Supreme(Del) 1219

SIDDHARTH MRIDUL, RAJNISH BHATNAGAR
Sharafat Sheikh @ Md. Ayub – Appellant
Versus
Union Of India And Another – Respondent


Advocates appeared:
Mr. Tanmaya Mehta, Ms. Shreya Gupta, Mr. Anurag Sahay & Ms. Mallika Bhatia, Advocates, for the Petitioner; Mr. Chetan Sharma, ASG with Mr. Ajay Digpaul, CGSC with Mr. Soumava Karmakar, Mr. Kamal Digpaul with Mr. Rakesh Duhan, Inspector, Narcotics Cell, Crime Branch, for the Respondents

JUDGMENT

Rajnish Bhatnagar, J. - The present writ petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973, has been instituted for quashing; 1) the impugned detention order dated 01.04.2021 passed by the Joint Secretary, Govt. of India u/s 3(1) of the Prevention of Illicit Traffic in Narcotics Drugs and Psychotropic Substances Act, 1988 (PITNDPS) and 2) the impugned Order dated 15.06.2021 passed by the Deputy Secretary, Govt. of India u/s 9(f) of the PITNDPS confirming the detention order for a period of one year along with supporting affidavit.

2. Briefly stated, the facts of the case are that, on 23.07.2020, on the basis of specific information, the IGIS Crime Branch, Dwarka intercepted a vehicle bearing registration No. DL 14 CE 7993 and two persons namely Md. Nasir Hussain S/o Taj Mohd. R/o H. No. 175, Nizam Nagar, Hazrat Nizamuddin, Delhi and Md. Rafiq @ Ibrahim @ Peerji (hereinafter 'Rafiq'), S/o Md. Hanif, R/o Village Botal Ganj, PS- Pipiya Mandi, Tehsil, Malharagh, Dist. Mandsaur, Madhya Pradesh were apprehended and 3 kg Heroin was recovered from the bag from their possessions. Both the accused persons were arreste

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