SATYA PRAKASH BEHL Vs. UNION OF INDIA

JUDGEMENT

(1.) IN this petition under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure for a writ of habeas corpus the petitioner pray for direction to the respondents to forthwith produce the detenu/petitioner before this Court and to forthwith set the petitioner at liberty And quash the order of detention No. F.801/7/96 -PITNDPC dated 19.4.1996 And quash the declaration No. 5/96 and to declare as illegal unconstitutional, mala fide and void.

(2.) THE facts leading to the filing of this petition shortly stated are that the flat No. 34 -F Building, Nirmal Colony, Bandra (West), Mumbai was raided by the officers of the NCB, Mumbai on 10.1.1996 which resulted into recovery and seizure of four polythene bags containing brown sugar lying in a steel cupboard in kitchen and 75 capsules containing brown powder from a cavity in the back rest of the sofa -cum -bed. The brown powder was found to be heroine; that the statement of Ms. Margaret James Bol revealed the collection of 4 kg heroine from one Hazi staying at a nearby place in Bandra West; that in the follow up action it was revealed that the heroine was procured from his contact at Peshawar, Pakistan in partnership with Satya Prakash Behl (with alias names) and was also revealed that the Satya Prakash Behl (petitioner) was financing procurement of narcotic drugs and receiving money through hawala paid in Dubai through many contacts. This culminated into detention of the petitioner which is sought to be challenged in this petition.

(3.) THE petitioner has challenged the detention order Annexure 'A' on various grounds; one of the grounds challenging the detention order is that the representations by the detenu to the Detaining Authority which is a Joint Secretary, Government of India, Ministry of Finance, Revenue Department, New Delhi has not been considered by the Detaining Authority.