1992 ALL. L. J. 1002 ::1992 UP CriR 259.2 ::(1992) AllCriR 161 ::(1993) AllCriC 375 ::(1993) 1 RecCriR 561 ::(1992) 1 All WC 473 ::(1992) 1 EFR 469

Allahabad High Court

Hon'ble Judge(s): A. P. Misra, G. D. Dube, S. Prasad , JJJ

(A) Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act (46 of 1988) , S.3, S.5— Detention - Power to specify place of detention by detaining authority (officer of Central Govt.) while passing order of detention under S.3 - Is implied and within his jurisdiction - Provisions of S. 5 investing-power to specify place of detaintion only with appropriate Government Are directory. Interpretation of statutes- Heydon's rule of construction. No detention order under the preventive detention law could be complete without specifying the place where detenu has to be kept under detention either by specifying the jail or any other place which may be school, hospital including the place adetenu is at that time residing. It is inescapable that the authority passing the detention order under S.3 inherently possesses the power to specify the place of detention and for that he need not travel to S. 5. Thus, it cannot be said that an order of detention passed under S. 3 specifying the place of detention is beyond the jurisdiction of the detaining authority viz., the officer of the Central Government empowered to pass such an order. AIR 1955 SC 661, Rel. on.(Para 14) Even if it could be said that for fixing the place of detention of a detenu while passing detention order under S. 3 an order....