( 1 ) THE petitioner has challenged his detention under S. 3 (1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic substances Act, 1988 (hereinafter referred to as 1988 Act ). The matter was earlier heard by a Bench of two-Judges when one of the Honble Judges while interpreting Ss. 3 and 5 of the Act held the impugned detention order illegal while the other Honble Judge upheld the detention order. The petitioners contention was that since the impugned order was passed by the Joint Secretary of the central Government and not by the Central Government and under S. 5 (a) the place of detention could only be specified by the "appropriate Government" viz. the Central Government and not by its officer thus order by the Joint secretary is illegal and void. The matter was referred to the third Honble Judge who felt it appropriate that the matter be heard by a Full Bench and the Honble the Chief Justice thereafter constituted this Full Bench. Since the whole case was referred and not the joint, the petition is being heard on all the points raised by the petitioner and not confined to the point of difference.

( 2 ) THE petitioner was arrested by Zamania Police on 21/11/1990, in connection with Case Crime No. 402 of 1990 under S. 25 of the Arms Act and S. 207 of the Motor Vehicles Act. While he was detained in District Jail, Ghazipur, he was served on 10/12/1990, with the detention order dated 4/12/1990, issued by the respondent No. 2, Joint Secretary to the Government of India, Ministry of Finance, under S. 3 (1) of the Act. The petitioner made a representation both to the State and the Central Government through the Jail Superintendent, District Jail, Ghazipur on 22/12/1990. The petitioner stated though the State Government rejected the same but the same has not yet been disposed of by the Central Government.

( 3 ) THE case of the respondent is that secret informations were received from time to time by the officers of Varanasi and Delhi units of Narcotic control Bureau official (hereinafter referred to as NCB) regarding Sri Shanti Swaroop and Sri. A. K. Chaudhary (P. P. Singh ). The Officers were made vigilant at Terminal-2 of the IGI Airport, New Delhi on the night of 12/ 13/08/1990. When the aforesaid persons reported for boarding flight No. K. L. 836 to Amsterdam and when they just crossed the immigration Check, their baggage was examined. It was found that P. P. Singh was travelling in the false name of A. K. Chaudhary and was found to possess 975 gms. of heroin concealed in the false bottom of his shoulder bag. Nothing was recovered from the baggage of Shanti Swaroop. A Panchayatnama was prepared on the spot and recovered, heroin was seized under the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 1985 Act ). Consequent upon this, statements were recorded under S. 67 of the 1985 Act. They were placed under arrest on 13/08/1990, at 6. 00 p. m. for having committed offences under Ss. 21, 23 and 28 of the 1985 Act. They were produced before the Duty Magistrate on 14/08/1990, who remanded them to judicial custody till 28/08/1990. On the basis of disclosure from the statements of the aforesaid two persons follow up operations and Search was conducted both at petitioners house at Varanasi and his flat at Bombay, which resulted into recovery of 855. 250 gms. of foreign marked gold from the Varanasi house. According to the statement of Sri P. P. Singh he is doing business of assisting in passport making and on the date of his arrest he was to go to London via Amsterdam when he was intercepted by the NCB officers. On the search of the aforesaid shoulder bag recovery of two black polythene packets was made and on opening they were found to contain white powder, which was heroin and the same was said to have been given by the person accompanying him (Shanti Swarup ). He knew Sri Shanti Swaroop for the last more than five years and has been visiting his (Shanti Swarups) V