BALDEEP SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) We had accepted this writ petition on 18th September, 1978 and directed the respondents to set the detenu at liberty. The reasons are now being recorded.

(2.) The detention in this case was to prevent the smuggling of hashish. Human ingenuity konws no bounds. A novel method of hashish smuggling has been referred to in the grounds of detention. The hashish was being concealed in fork lift tyres, which could not be opened except with some special apparatus, which were being exported out of India.

(3.) Baldeep Singh (hereinafter referred to as the detenu) was apprehended on the 20th of April, 1978. The Directorate of Revenue Intelligence had conducted a search at his residence at Hardiyan Singh Road, Karol Bagh, New Delhi, followed by a search at the factory premises. The detenu's wife not knowing the whereabout of her husband, sent a telegram on 21st April, 1978 to the Department of Revenue Intelligence to try and trace her husband. A bail application, under Section 437 of the Code of Criminal Procedure in the matter of Section 13 of the Dangerous Drugs Act, 1930 read with Section 61 of the Punjab Excise Act, 1914 was moved on 21st April, 1978. On the said application the Metropolitan Magistrate passed the following order :