2021 Supreme(Online)(Guj) 6678
HUSEN S/O TALAB ALARAKHA CHANGADA – Appellant
Versus
STATE OF GUJARAT – Respondent
SCA 5752/2021
C/SCA/5752/2021 JUDGMENT
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 5752 of 2021
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE A.J.DESAI
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1 Whether Reporters of Local Papers may be allowed to
see the judgment ?
No
2 To be referred to the Reporter or not ?
No
3 Whether their Lordships wish to see the fair copy of the
judgment ?
No
4 Whether this case involves a substantial question of law
as to the interpretation of the Constitution of India or any
order made thereunder ?
No
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HUSEN S/O TALAB ALARAKHA CHANGADA
Versus
STATE OF GUJARAT
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Appearance:
MR KAMALKUMAR R SHARMA(9502) for the Petitioner(s) No. 1
O I PATHAN(7684) for the Petitioner(s) No. 1
MR DHARMESH DEVNANI AGP for the Respondent(s) No. 1,2,3
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CORAM: HONOURABLE MR. JUSTICE A.J.DESAI
Date : 16/04/2021
ORAL JUDGMENT
1.
Heard learned advocates appearing for the respective
parties through video conferencing.
2.
The present petition is directed against order of detention dated
28.10.2020 passed by the respondent No.2 – Director General of Police,
in 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 NDPS Act”).
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C/SCA/5752/2021 JUDGMENT
3.
The short facts leading to the present petition are as under :
3.1
The petitioner is ordered to be detained by order dated
28.10.2020 passed by the respondent No.2 with a view to preventing
him from acting in any manner prejudicial to the maintenance of the
public order in exercise of powers conferred by Sub Section (1) of
Section (3) of the Prevention of Illicit Traffic in Narcotic Drugs and
Psychotropic Substances Act, 1988 (hereinafter referred to as “the NDPS
Act”).
4.
Learned advocate for the detenue submits that the order of
detention impugned in this petition deserves to be quashed and set aside
on the ground that registration of two offences under Sections 8(c),
20(b) and 29 of the NDPS Act, by itself cannot bring the case of the
detenue within the purview of definition under section 3(1) of the NDPS
Act. He has contended that the order passed by the authority is without
application of mind. To substantiate his argument, the learned advocate
for the petitioner has drawn the attention of this Court to Annexure “A”,
wherein it is observed by the Director General of Police, CID Crime
Branch Railway, Gandhinagar, that the action of the petitioner is against
the public order and therefore, he is taken into the custody. He has also
drawn the attention of this Court to Section 3 of the NDPS Act, which
lays as under :
“3.
Power to make orders detaining certain persons.
—
(1)
The Central Government or a State Government,
or any officer of the Central Government, not below the
rank of a Joint Secretary to that Government, specially
empowered for the purposes of this section by that
Government, or any officer of a State Government, not
below the rank of a Secretary to that Government,
specially empowered for the purposes of this section by
that Government, may, if satisfied, with respect to any
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C/SCA/5752/2021 JUDGMENT
person (including a foreigner) that, with a view to
preventing him from engaging in illicit traffic in narcotic
drugs and psychotropic substances, it is necessary so to
do, ma