KHIAL ASGHAR Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition filed under Articles 226/227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, seeks issuance of writ of habeas corpus or any other appropriate writ, order or direction, as the petitioner is under detention, pursuant to an order passed on 6th July, 1988 invoking the provisions of Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substance Ordinance (hereinafter referred to as the 'Ordinance').

(2.) The facts in brief in so far as these are relevant to this case are that on receipt of specific intelligence by Narcotic Control Bureau at New Delhi to the effect that some Dutch nationals were likely to smuggle heroin out of India on 6th April 1987, a surveillance was kept at the IGI Airport, New Delhi. On 6th April, 1987, one person named Ali Bocus Rahmat Ali holding Netherland passport was apprehended and found in possession of 2 kgs. heroin contained in his baggage, and he was placed under arrest. In the meantime, pursuant to the aforesaid intelligence report, the present petitioner along with one 1. Arjun had been intercepted at the Bombay Airport on 5th April, 1987 by officers of the Directorate of Revenue Intelligence before whom the petitioner and his companion made statement. Thereafter they were directed to appear before the Narcotics Control Bureau at Delhi. In response to the summons, the petitioner as well as I Arjun appeared before the officers of the Narcotics Control Bureau on 6th April, 1987. The petitioner gave his statement where he disclosed his involvement in the acquisition of heroin, seized from the possession of Ali Bocus Rehmat Ali. He was, then placed under arrest for offences under the provisions of the Narcotics Drugs & Psychotropic Substance Act, 1988.

(3.) While the petitioner was in judicial custody. Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substance Ordinance was promulgated on 4th July, 1988, and in view of the past activities of the petitioner as disclosed by him in his statements given on 5th April, 1987 and 6th April, 1987 and the seizure of heroin from Ali Bocus Rahmat Ali,a detention order was passed in respect of him by Shri K.L. Verma, Joint Secretary to the Government of India, Ministry of Finance, Department of Revenue on 6th July, 1988, in exercise of powers under Section 3(1) of the said Ordinance, with the object of preventing him from engaging in purchase of narcotic drugs. This order was served on the petitioner injail on 13th July, 1988 as per record.