W RANJITH THAMEL Vs. UNION OF INDIA

JUDGEMENT

(1.) ALL the above four habeas corpus petitions have been filed by one Ranjith Thamel, a Srilankan Citizen claiming to be the friend of the detenus (i) J.Kamal Roy, (ii) K.Chandrakumara, (iii) L.H.Karuna Bala, and (iv) H.M.Nilame respectively. ALL the four detenus were ordered to be detained by the respondent herein under Sec.3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 by individual order dated 7th January, 2000 as the Detaining Authority arrived at the subjective satisfaction that the detenus in each case had knowingly engaged himself in the illicit traffic in narcotic drugs and that the detenu has to be detained with a view to prevent him from engaging in the possession and transportation of narcotic drugs in future.

(2.) THIS Court admitted the four habeas corpus petitions on 4.7.2000 and the respondent had been served, the respondent had also entered appearance and filed its counter.

(3.) THE Preventive Unit Officers entered the launch and noticed the presence of four Srilankans and three bags found in the launch. On a further search of the sea shore, the Officers found one bag at the shore. THE persons who came to load the goods escaped under the cover of darkness. THE said Officers brought the goods, launch and the four persons to the Tuticorin old Harbour Customs Port Jetty for searching the fishing launch named "Salucha Sandi" which was towed by Customs Patrol Boat. In the presence of independent witnesses the said launch was searched. THE names of the four persons present were ascertained. THE bags were found in the Srilankan Fishing Boat along with four old fishing nets. THE Officer took the four bags and four fishing nets to their office for further investigation alongwith four Srilankans and independent witnesses. All the four bags were opened. Out of which three bags contained three packets each and fourth bag contained two packets. THE packets were found to be wrapped by cello tape and cloth and brown colour powder was found in the polythene packets below outer packing. THE packets were weighed and found to contain 52.840 Kgs in the aggregate. A small quantity was taken from each of the packets and tested with the Narcotics Test Kit and it answered for Heroin. THEreafter samples were drawn in the presence of independent witnesses from all the bags and forwarded for chemical analysis. 52.840 Kgs of Heroine alongwith the Srilankan fishing launch besides fishing nets were seized under a mahazar under NDPS Act, 1985 and Customs Act 1962. THE mahazar was prepared on 21.10.1999. THE four men were taken to custody.