MUHAMMAD SAJEEB S Vs. STATE OF KERALA

JUDGEMENT

(1.) Does the delay in execution of the warrant of preventive detention vitiate the order of detention and continued detention This is the question that comes up before us for consideration in this case.

(2.) The petitioner in this writ petition prays for the issue of a writ of habeas corpus to produce his brother Navas @ Shanavas, who is detained under the provisions of S.3(1) of The Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (hereinafter referred to as PITNDPS Act).

(3.) One Abdul Rashid Abdul Rehman was intercepted by the Air Customs Officials at the Trivandrum Airport when he was about to proceed to Mali on 06/03/1999. He was found to be in possession of 168.1 gms of morphin (heroin), a narcotic drug. He was interrogated. On the clues received from him, one Ashraf was also interrogated. Statements of the said Abdul Rashid Abdul Rehman dated 07/03/1999 and 24/04/1999 were recorded. Statements of the said Ashraf dated 29/04/1999 and 07/05/1999 were also recorded. Shri Shanavas, the detenu herein, was not available to be interrogated. On 01/06/1999, a complaint was filed alleging the commission of offence under the NDPS Act by the said Abdul Rashid Abdul Rehman and the detenu Shanavas. Still later, Ext. P7 order of detention under S.3 of the PITNDPS Act was passed on 17/07/1999. The detenu's presence could not be secured in the criminal prosecution launched against him before the Sessions Court alleging commission of the offence punishable under the NDPS Act. The order of detention dated 17/07/1999 could not be executed till 09/11/2009. At long last, the detenu was arrested on 09/11/2009 after the elapse of about a decade from the date of the order of detention. He continues in custody on the strength of the said order of detention. The order of detention stands confirmed by the Government under law after the Advisory Board rendered an opinion in favour of continuance of the detention.