CYPRIAIN DURUAKU Vs. UNION OF INDIA

JUDGEMENT

(1.) This order is to dispose of a petition under Article226 of the Constitution of India read with Sec. 482 of the Code of CriminalProcedure by the petitioner praying for issuance of a writ of habeas corpusquashing the order of detention dated 14/02/1990 passed by respondent No. 2 under Sec. 3 (1) of the Prevention of Illicit Traffic in NarcoticDrugs & Psychotropic Substances Act, 1988 (for short the Act) and also for quashing the declaration dated 8/03/1990 passed by Shri K. Prakash Anand,Addl. Secretary to the Govt. of India, respondent No. 3 and that the petitionermay be ordered to be released forthwith.

(2.) On 14/02/1990 Smt. Nisha Sahai Achutchan, JointSecretary to the Government of India, and a specially empowered officer underSec. 3(1) of the Act passed an order that the petitioner be detamed and keptin custody in the Dum Dum Central Jail, Calcutta with a view to preventinghim from engaging in the possession and export from India of Narcotic Drugs.This order was served upon the petitioner on 22/02/1990 when hewas already in custody. The grounds of detention along with the documentsrelied upon were also made available to him.

(3.) The allegations against the petitioner, briefly, stated, have beenthat on 25/11/1989 he was found in possession of 2.8 kgs. of heroinwhich was kept concealed by him in his baggage and had not been declared.He was arrested on 25/11/1989 produced in the Court of CJMBarasat and has been in custody under different orders of remand by the concerned Court.