SATYA PRAKASH BEHL Vs. UNION OF INDIA

JUDGEMENT

(1.) In this writ petition under Articles 226 and 227 of the Constitution of India and Section 482 of the Code of Criminal Procedure, the petitioner has challenged the legality and validity of order of his detention dated 24.2.1997 passed by the Deputy Director General (Coordination), Narcotics Control Bureau under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (for short the 'Act') on the grounds of detention as communicated vide separate Memorandum dated 24.2.1997 and also the subsequent declaration No. 7/97 dated 3.4.1997 passed by the Secretary to the Government of India, Ministry of Finance, Department of Revenue under Section 10(1) of the Act.

(2.) The Order for detention of the petitioner is stated to have been made " with a view to preventing him from engaging in the procurement, storage and abetting in the export from India of narcotic drugs".

(3.) The material facts stated in the grounds of detention are that on 23.2.1996 Narcotics Control Bureau, Mumbai Zonal Unit (for short 'NCB, Mumbai) had received information from a source, who had provided an audio cassette recording of a telephonic conversation between the petitioner and one Haji Khan of Pakistan, regarding certain shipment of goods in some what clandestine manner. Another source information was received by them on 9.4.1996 regarding the consignment of two containers bearing No. 2765955 and 2783835 containing alfa alfa seeds sent from Herat, Afghanistan to Edveen, Ed-viering, Netherlands under a Bill of Lading No. TAAP/T/96/010 of M/s. Transasia of Germany wherein 3500 Kgs. of Hashish was alleged to be concealed. This information was passed on to drug enforcement agencies of certain European countries for alerting the drug enforcement net-work. On further information received from the aforesaid enforcement agencies, a search of office-cum-residence premises of the petitioner's nephew Sh. V.K. Behl at 5, 1st floor, Shyam Kunj, Linking Road, Khar (W), Mumbai, which was also the office premises of the petitioner, was carried out under the provisions of NDPS Act, 1985. During the course of the search of their office premises the NCB, Mumbai inter alia recovered a fax copy of the aforesaid Bill of Lading. Subsequently, Russian drug authorities vide their letter dated 20.6.96 supplied copies of the Bill of Lading and other documents and informed about the seizure on 30.4.1996 of 1739 kgs. of Hashish by the Russian customs service from container No. 2783835 with seal No. 009536 which contained alfa alfa seeds concealed in-double false ceiling and back side. The Russian authorities further informed that another container No. 2765955 had crossed the Russian-Latvian frontier on 15.4.1996 enroute Herat (Afghanistan) Kushka (Russia) - Riga (Latvia) - Rotterdam (Netherlands) containing alfa alfa seeds, the consignee of both these containers being Haji Mohd. Zaheer of Herat, Afghanistan and Edveen Ed-Viering, Burgemeester, Boshkoop, being the consignee. It was also informed that the Rotterdam Customs Office Survelliance Post had seized from container No. 2765955 which had arrived on board MV SOFIA and which was supposed to contain 273 bales of alfa alfa seeds, 1700 Kgs. of Hashish concealed in the false ceiling and rear wall of the container. Copies of the Bill of Lading of the consignments were received from the foreign agencies. Some other documents were also seized from the aforesaid office premises during search on 19.6.1996 showing some link with foreign drug traffickers of Shri V.K. Behi. Some antecedents of the petitioner about his illicit activities since 1975 were also referred to in the grounds of detention. On the material available, the detaining authority-passed the aforesaid order and subsequently declaration under Section 10(1) of the Act was also made.