USHA Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner Ms.Usha wife of Shri Ram Vijay Singh, resident of A-186, Amit Vihar, Bheta Hazipur, Ghaziabad, U.P. was apprehended on 30.4.2001 and from her search one kg. of heroin was recovered. Pursuance to that seizure of one kg. of heroin her statement under Section 67 of the Narcotic Drugs and Psychotropic Substances Act (in short NDPS Act) was recorded on 30.4.2001. On the basis of her statement her residential premises was also searched where from 2 Kgs. of heroin was recovered beside a sum of Rs.49,000/-. Her statement under Section 67 of the NDPS Act was again recorded on 1.5.2001 wherein she admitted the recovery of three Kg. of heroin from her. She stated that Dharam Pal, co- detenu and his wife Premvati had supplied to her two, half-half Kg, packets on 30.4.2001, She was to deliver the same to one Suresh who had paid her the the amount of Rs.49,000/- so recovered from her residence. She identified photographs of Dharam Pal and his wife Premvati and subsequently personally identified them. She was arrested on 1.5.2001 under the NDPS Act and remanded to judicial custody. She retracted her statement through an application dated 16.5.2001 filed before the Special Judge, Delhi.

(2.) The Competent Authority after considering the role played by the petitioner and also taking into account the statements made by her under Section 67 of the NDPS Act dated 30.4.2001 and 1.5.2001 respectively as well as the retraction made by her on 16.5.2001, rejected her retraction.

(3.) Chemical analysis of the heroin recovered from Usha, the petitioner, were got done which confirmed that the article seized was heroin. The detaining authority on the basis of the facts and material placed before him passed the detention order under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (in short P1T-NDPS Act) against the petitioner on 24.8.2001. The said order was passed by the detaining authority on the basis of material placed before it. The detaining authority came to the conclusion that petitioner had knowingly engaged herself in the illicit traffic in narcotic drugs as was evident from the statement and material on record and if not prevented she was likely to continue indulging in illicit traffic in narcotic drugs on her release on bail. Therefore, the detaining authority considered that with a view to prevent her from engaging in the possession and transportation of narcotic drugs in future it was necessary to pass the detention order. She was accordingly detained and kept in custody in Central Jail, Tihar. The detaining authority was also satisfied that there was compelling necessity to detain her under the P1T-NDPS Act in order to prevent her from engaging in such activities in future. Along with the detention order the grounds of detention as well as relied upon documents were supplied to her.