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1990 (2) TMI 154 - SC - Indian LawsLegality of the orders dated October 11, 1988 passed under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 for the detention of the appellants have been dismissed challenged Held that:- In the grounds of detention the detaining authority has only mentioned the fact that the appellants has been remanded to judicial custody till October 13,1988. The grounds of detention do not show that the detaining authority apprehended that the further remand would not be granted by the Magistrate on October 13, 1988, and the appellants would be released from custody on October 13,1988. Nor is there any material in the grounds of detention which may lend support to such an apprehension. Also the bail applications moved by the appellants had been rejected by the Sessions Judge a few days prior to the passing of the order of detention on October 11,1988. The grounds of detention disclose that the appellants were engaged in activities which are offences punishable with imprisonment under the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985. It cannot, therefore, be said that there was a reasonable prospect of the appellants not being further remanded to custody on October 13,1988 and their being released from custody at the time when the order for preventive detention of that appellant was passed on October 11,1988. In the circumstances, we are of the view that the order for detention of the appellants cannot be sustained and must be set aside and the appellants should be released forthwith.
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