TAJ MOHAMMAD KHAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) PREVENTIVE detention or detention without trial is permitted and authorised under the most revered part of the Constitution, Part III, guaranteeing the fundamental rights. Such a detention has to be distinguished from the punitive detention. The object of the preventive detention is to prevent a person not merely from acting in a particular way but from achieving a particular object. The laws relating to preventive detention, though having a source and the authority under the Constitution, are dealt with and regulated under various statutes enacted for the aforesaid purposes. Such laws, regulating preventive detention, have been enacted with the objects spelt out and declared under the relevant statutes. Resort to preventive detention can be had rarely, exceptionally and under specified circumstances. Court of laws in a country, where Rule of Law prevails, do not encourage, and see with favour, the preventive detention. However, where such detention is resorted to, Constitutional Courts in this country are put to guard with a signal of caution to ascertain the true nature, object and purpose for which such a detention is directed. Law relating to preventive detention though disfavoured has to be interpreted in the manner and by adopting the methods which encourage the object sought to be achieved by the detention without trial, in accordance with law applicable in the case by safeguarding the constitutional guarantee enshrined in Articles 21 and 22 of the Constitution.

(2.) INVOKING the jurisdiction of one of such statutes i. e. , Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988, the respondent-State in exercise of the powers vesting in it under Sec. 3 (1) of the said Act, directed the detention of the petitioners herein purportedly with a view to prevent them from engaging in manufacture, possession and concealment of psychotropic substances. All the petitioners have been directed to be kept in custody in the Central Prison, Bangalore. According to the grounds of detention served upon the petitioners, it transpires that they had established a factory where they were manufacturing Methaqualone tablets popularly known as mandrax tablets which are admittedly psychotropic substances prohibited under the NDPS Act. It is alleged that the mandrax tablets were being manufactured by the petitioners at a premises known as New Pathan Building at Kakati village, Belgaum. A search was conducted in the aforesaid premises on 7-11-1996 and 8-11-1996. During the search it was found that the premises had been converted into a factory where the mandrax tablets were being manufactured by installing a tabletting machine, an oven, a granulator, etc. The prohibited drug was seized under a mahazar duly drawn in the presence of the witnesses. The petitioners are stated to have admitted their role in the manufacture of the aforesaid prohibited drug. It was also admitted that the petitioners have been indulging in sale of heroin and brown sugar smuggled into India through Afghan nationals. A case under the NDPS Act is stated to have been registered against one of the petitioners viz. Taj Mohammed Khan. He was arrested in that case and was facing trial in the Sessions Court at Mumbai in Spl. C. No. 244/92. He was also alleged to have earlier been arrested in connection with the recovery of brown sugar from the possession of an African national. He is alleged to be involved in another case of being in possession of illegally acquired weapons. He was stated to have purchased properties in Belgaum by using the proceeds of illicit narcot trafficking.

(3.) IN his statement voluntarily made on 8-11-1996 and recorded under Sec. 67 of the NDPS Act, the said Sri. Taj Mohammed Khan is reported to have stated that he had developed contacts with some Afghan nationals, who after political unrest in Afghanistan and military action in USSR got stranded in Pakistan and thereafter got started trading in brown sugar which they used to smuggle by concealing the same in the package brought through airports. The said detenu used to sell the smuggled brown sugar to Afghan nationals in Colaba area of Mumbai. While indulging in the sale of brown sugar he came into contact with one Sri. David Jan an African national. While dealing with the said Sri. David Jan, the alleged detenu came in contact with Sri. Sabha Mohammed Khadir, Sri. Ahmed Khadir, and Ahmed, who are stated to be the co-accused with him in the heroin case pending in the Sessions Court at Bombay. He is also admitted to have voluntarily confessed of having been involved in the smuggling of 200 gold bars. He admitted to have opened a firm carrying out ticketing where Aslam was his partner. They carried on this business under the name of Taj Travel Wasimal, Wasimal Building, Opp. Railway Hotel, Grant Road, Mumbai. In the course of this business one Sri. Adil came in contact with him and remained with him till his arrest in relation to the case regarding the manufacture of mandrax tablets. He was alleged to have admitted that he was picked up by the Crime Branch Unit No. 9, Andheri, Mumbai, for possessing illegal weapons. Two revolvers and two pistols of. 32 bore were recovered and seized from him. The said weapons were alleged to have been given to him by one Khuda Baksh. Case No. CR 260/93 was admitted to have been registered against him. Khuda Baksh told him that there was a person by name Azeez Merchant at Mahim, Mumbai, who had a project for rearing canaf fibre trees with buy back agreement. In a meeting Azeez Merchant introduced the said detenu to one Mukesh Patel who normally resided in USA and was involved in the selling of project along with technical know-how on commission basis. The detenu is admitted to have invested Rs. 15 lakhs in the project which did not take off and he in the company of one Sri. Swain visited U. S. A. He was informed by one David Jan that he could do the business if he could get him 'buttons'. The Button was a code word used in the narcotic trade for mandrax tablets. He was informed that mandrax tablets were generally manufactured at Mandsaur in Madhya Pradesh. He along with Adil went to Mandsaur where he got in touch with one Raju to whom he paid Rs. 10000/- for the starting of the project of manufacture of the mandrax tablets. On his instructions the detenu along with Adil visited Indore where they stayed in the Ambassador Hotel. Raju then introduced one Bablu. The detenu thereafter spoke to David Jan who told him that the mandrax tablets when manufactured should have the flower marking on the one side and swastik mark on the other and the colour should be off white. Rupees thirteen thousand were given to Bablu for getting the dyes and punches for flower and Swastik marks. He was also introduced to one Shukla who informed the detenu that he was required to have a rotary type tablet making machine for manuufacturing methaqualone tablets. A sum of Rs. 1,10,000/- was paid to Shukla for the said machine. Shukla despatched tablet making machine from Ahmedabad to Kakati, by tempo. The said machine was purchased in the name of some company by Shukla. David Jan made a hawala payment of Rs. 25 lakhs to the detenu through a person who was looking like a marwadi. On his asking Shukla sent the binding materials to the detenu through Shivani transport. As despite purchase of machinery the detenu did not know the art of manufacturing, he contacted one person named Indrajeet Singh who agreed to work for him on payment of Rs. 1,00,000/- as his fee. The detenu and one Adil were taught the process of manufacturing of methaqualone powder. It is further alleged in the grounds of detention that :