DHATMAPAL VERMA Vs. UNION OF INDIA

JUDGEMENT

(1.) Dharampal Verma has assailed the order of his detention dated 24th August,2001 passed under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (hereinafter called PIT NDPS Act). The said order was served on the petitioner on 31 st August,2001 while he was confined in Central Jail, Tihar, New Delhi.

(2.) The impugned order has been assailed, inter-alia, on the grounds that: (1) the copies of the documents were not supplied in Hindi though demanded; (2) it amounts to double detention. (3) there were suppression of material facts and non-supply of documents,

(3.) In order to appreciate the challenge, we may have a quick glance to the facts of this case. The petitioner was apprehended on 1 May,2001. Subsequently vide detention order dated 24 th August,2001 he was detained under PIT NDPS Act. The impugned detention order was passed with a view to prevent him from engaging in the possession and transportation of narcotic drugs in future. The case of the respondent is that on information being received, the Narcotics Control Bureau (hereinafter called NCB), conducted search of the person of Ms.Usha on 30th April,2001. From her person one Kg. of heroin was recovered. She was accordingly apprehended. From the search conducted at her residence two Kg. of heroin was recovered. She made a statement on 30 th April,2001 under Section 67 of the PIT NDPS Act wherein she stated that Dharampal, the present petitioner and his wife Premvati had supplied two half-half Kg. packets of heroin to her on 30 th April,2001. She was to supply the same to Suresh. Money paid by Suresh amounting to Rs.49,000/- was recovered from her residence. She identified the photograph of the petitioner Dharampal and his wife. She further identified from the photographs the petitioner and his wife as the persons who supplied her two half-half Kg. of heroin. On the basis of the statement of Ms.Usha dated 30th April,2001 and 1 st May, 2001, search was conducted at the residential premises of the petitioner. The same was conducted after obtaining search warrant dated 1 st May,2001, nothing recovered from his residence.