Honble GUPTA, J.–The petitioner Kehar Singh is the father of Harjeet Singh who has been detained under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (hereinafter referred to as the `PIT NDPS Act). An order was made by Shri A.K. Srivastava, Joint Secretary to the Govt. of India on 19th August, 1996 under Sec. 3(1) of the PIT NDPS Act for the detention of Harjeet Singh and grounds of detention were supplied to him. This order was subsequently confirmed by the Govt. of India vide order dated 20th Nov., 1996 and it was directed that Shri Harjeet Singh would be detained for a period of two years.

(2). In the Habeas Corpus petition filed on 17.12.96, the detention order was challenged on various grounds but Mr. Kalla confined his arguments to only Ground No.3, and therefore the other grounds are not being mentioned in this order. Ground No.3 is that detenue Harjeet Singh was already in jail when the order of detention was passed and there was no likelihood of his being released on bail and therefore, the order is contrary to the provisions of law and contrary to the rights given under the Constitution of India.

(3). In the reply, the respondents

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