VIRENDRA KUMAR RAI Vs. UNION OF INDIA AND ANR.
LAWS(ALL)-1997-8-160
HIGH COURT OF ALLAHABAD
Decided on August 20,1997

VIRENDRA KUMAR RAI Appellant
VERSUS
Union Of India And Anr. Respondents

JUDGEMENT

G.P.Mathur, J. - (1.) These ten petitions have been filed for quashing the notices dated 2.9.1992 and 28.10.1992 issued to the Petitioners under Sections 68H and 68-I of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter to as the Act) by the Competent Authority.
(2.) The controversy involved in all the writ petitions is identical and, therefore, they are being disposed of by a common order. Writ Petition No. 16187 of 1993, Virendra Kumar Rai v. Union of India and Anr .,shall be treated as the leading case.
(3.) The facts leading to the passing of the impugned notices are that the Officers of Narcotics Control Bureau (for short N.C.B.) intercepted Shanti Swaroop and A.K. Chaudhary alias P.P. Singh on the night intervening 12th/ 13th August, 1990 at the Indira Gandhi International Airport. New Delhi when they reported for boarding a flight to Amsterdam. During the search of the baggage of P.P. Singh, 975 grams of heroin was found concealed in the false bottom of his shoulder bag. P.P. Singh was travelling in the false name of A.K. Chaudhary and the passport carried by him was in the name of Ashwani Kumar Chaudhary. On the basis of the statement and disclosures made by these persons, house of the Petitioner Virendra Kumar Rai was searched where 855.25 grams of foreign marked gold biscuits and some incriminating documents were recovered. On 4.12.1990 Joint Secretary to the Government of India passed an order of detention under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (for short P.I.T.N.D.P.S. Act) for detaining the Petitioner. The detention order along with the grounds of detention was served upon the Petitioner on 10.12.1990. Subsequently, the Competent Authority issued the impugned notices under Sections 68H and 68-I to Virendra Kumar Rai and his relatives.;


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