SYED FAROOQ MOHAMMAD Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, Syed Farooq Mohammad has challenged the order of his detention passed on December 20, 1989 under S. 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988, and served on him on February 15, 1990. The order of detention was issued by Nisha Sahai Achuthan, Joint Secretary to the Government of India who was specially empowered under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act and it recited that with a view to preventing the petitioner from engaging in abetting and transportation of narcotic drugs, the said Sayed Farooq Mohd. alias Farooq alias Sayyed Farooq Isamuddin alias Anand be detained and kept in custody in the Yervada Central Prison, Pune. The grounds of detention were also. served on the same day i.e. February 15, 1990 immediately after his arrest by the Customs Authorities.

(2.) On July 19, 1989 the staff of the Preventive Collectorate Customs, Bombay impounded two fiat cars bearing Nos. GJV 5440 and MHY 2625. The drivers of the said cars namely Aslam, Mohammad Nazir and Mohammad Yakub Sheikh were apprehended. On search of the two cars, 100 packets of brown coloured powder purporting to be narcotic drug of Pakistani origin was found out of the dickies of the cars. The narcotic drug recovered from the dickies of the said cars weighed 100 kgs. and its value in the market is about 2.34 crores. Car No. GJV 5440 belonged to the petitioner-detenu, Syed Farooq Mohammad and the other car No. MHY 2625 belonged to one C. P. Reddy, an Officer of international airport who was also apprehended and his statement under S. 108 of the Customs Act was recorded. It was revealed from his statement that this car was also used for transporting heroin along with petitioner's car. The statements of Aslam Mohammad Nazir and Mohammad Yakub Sheikh who were apprehended as well as the statement of other person i.e. Mohd. Azam Khan alias Wali Mohd. Khan alias Hameed Khan were also recorded under S. 108 of the Customs Act by the Customs Officials. From these statements it appeared that these persons were known to the detenu and they used to visit often the hotel 'Fisherman' at Worli for disco. The detenu i.e. Farooq Mohammad also used to go for disco in the said hotel 'Fisherman' at Worli. It has been stated by Aslam Mohammad Nazir that on July 19, 1989 he was sitting in room No. 106, 21nd Floor, Kali Building near Burtan Apartment, Bombay Central (residence of the detenu) along with his friend, Mohd. Yakub Sheikh, driver of the other car. Hameed also came there to meet Farooq Mohammad. Hameed asked him and Mohd. Yakub Sheikh to go along with him to Kalina. He told them that a truck had come to Kalina with some packets of contraband goods and that they were to take those packets near Jaslok Hospital. Thereafter, he took two fiat cars bearing registration Nos. GJV 5440 and MHY 2625 from Farooq. He gave the keys of car No. GJV 5440 to him and car No. MHY 2625 to Mohd. Yakub. Thereafter, they drove those two cars to Kalina as per Hameed's instructions and Hameed led them in a red maruti car bearing No. BLE 7445 where Hameed showed them one truck wherefrom four gunny bags were unloaded and kept in the dickies of the above said two cars. It further appears from his statement that as per Hameed's instructions after the cars were parked near Jaslok Hospital, they handed over the keys of both the cars to Hameed and he told them to contact him again in the evening on telephone No. 367373 of R. K. Hotel. From Farooq's place they contacted him over the telephone. Hameed told them to wait there and he was coming there. Thereafter Hameed took them in the Maruti car to a place near Tejpal Road, Gowalia Tank. There he showed them the same two fiat cars bearing Nos. GJV 5440 and MHY 2625. Hameed gave the keys of the car No. GJV 5440 to him and car No. MHY 2625 to Mohd. Yakub Sheikh and asked them to drive the said two cars following his car,

(3.) Similar statement was made by Mohd. Yakub Sheikh which was recorded by the Customs Officials. It has also been stated by them that they were told by Hameed that each of them will get Rs. 5,000/- as monetary consideration. Yakub also stated that similar jobs have been done by him on 4-5 occasions and he received Rs. 5,000/- each time from Hameed. From the statement of Hameed recorded by the Customs Officials, it appears that on July 19, 1989 afternoon he collected two drivers namely Aslam Mohd. Nazir and Mohd. Yakub Sheikh and two fiat cars from Farooq of Bombay Central. This Farooq was introduced to him by Mohd. Nasir, a narcotic drug dealer who is now detained in Rajasthan in connection with a drug case.