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2024 Supreme(Del) 966

IN THE HIGH COURT OF DELHI AT NEW DELHI
PRATHIBA M.SINGH, AMIT SHARMA
Rizauddin @ Riyajuddin @ Riyajudden @ Pintu – Appellant
Versus
Union Of India – Respondent


Advocates Appeared:
For the Petitioner:Mr. S.K. Santoshi and Mr. C.D. Raw, Advocates.
For the Respondent: Mr. Anurag Ahluwalia, CGSC with Mr. Kaushal Jeet Kait,Ms. Nandita Rao, Additional Standing Counsel

JUDGMENT

AMIT SHARMA, J.

1. The present petition under Article 226 of the Constitution of India seeks quashing of the preventive detention orders dated 31st August, 2023 and 29th November, 2023 bearing F. No. U-11011/29/2023-PITNDPS and bearing F. No. U-11012/19/2023-PITNDPS, issued by the Joint Secretary and the Deputy Secretary to the Government of India, Ministry of Finance, Department of Revenue (PITNDPS Unit) i.e., Respondent nos. 1 and 2 (the Detaining Authority) respectively, under the provisions of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (hereinafter referred to as ‘PITNDPS Act’), thereby ordering the detention of the Petitioner for a period of one year from the date of his detention, i.e., 7th September, 2023.

2. The relevant facts for the purpose of adjudication of the present petition are as under:

i. The present Petitioner is alleged to have been involved in the following cases:

a.) FIR no. 631/2003 under Sections: 21/61/85 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as ‘NDPS Act’), registered at PS: Kotwali, Delhi for the effected recovery of 08 grams of brown sugar. The Petitioner wa

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