ASHOK PATNEY Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition has been filed under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, for quashing the detention order dated July 7, 1988, passed by respondent No. 2 under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Ordinance, 1988 and a declaration dated August 10, 1988, issued by respondent No. I under section 10(1) of the said Ordinance.

(2.) Various grounds have bs&n taken for challenging the aforesaid impugned orders but the writ petition is liable to succeed on a very short ground, so it is not necessary to make reference to other grounds.

(3.) The facts, in brief, are that the petitioner was working with Aeroflot Airlines as Traffic Officer for the last about six years and he was stated to have entered into a conspiracy with one Sansar Chand in order to help the two suit-cases containing psychotropic drug to be smuggled in the aircraft of the said Aeroflot Airlines proceeding to Russia. The said two suit-cases were brought in a taxi to the residence of the petitioner and were placed in the petitioner's Maruti Car No. DDC 3707 and later on the taxi having registration No. DLT 153 was brought there by Sansar Chand's brother and the said two suit-cases were put in the taxi and the petitioner and his co-employee Gagan Kalra proceeded to the IGI Airport in the Maruti Car followed by the said taxi in which Sansar Chand's brother Pappu travelled and on reaching the Airport the petitioner and Gagan Kalra brought a trolly and the said two suit-cases were taken out from the dicky of the said taxi and placed on the trolly and the trolly was brought near the gate of the office of the said Aerofloat. The petitioner and Gagan Kalra were to render assistance in getting those baggages loaded on the aircraft without the same being checked by the Customs Officers at the Airport and Sansar Chand's friend was to travel in the said aircraft and get delivery of the said baggage on reaching the destination. The Customs Officers had prior information about these activities of the petitioner and thus, they had laid a surveillance and they seized the said baggage while it was lying on the trolly and apprehended the petitioner and Gagan Kalra and the petitioner and Gagan Kalra made confessional statements. It is also mentioned in the grounds of detention that the petitioner was wearing his official dress of the Aeroflot Airlines and had entered the Departure Hall without any hindrance and had brouht the trolly on which the said two suit-cases were loaded.