MUTHU ALIAS MUTHU MOHAMMED Vs. GOVT OF TAMILNADU

JUDGEMENT

(1.) This Writ Petition filed by the detenu himself under Article 226 of the Constitution of India is for the issue of writ of habeas corpus to quash the order of detention dated 13/5/1992 and set him at liberty. The impugned order of detention was passed by the respondent, viz., Secretary to Government bf Tamil Nadu, in exercise of the powers conferred by sub-section (1) of Section 3 of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (Central Act 46 of 1988) with a view to preventing him from possession and sale of Narcotic Drugs (Ganja).

(2.) The brief facts which led fu the passing of impugned order, are stated as follows: On 17/8/1991 at 10.30 hours, the detenu was found in possession of 8.200 kilograms of Ganja in a gunny bag at door No. 10, 10th Cross Rahamaniyapuram, Thillai Nagar, Trichy-18 along with one Nabisha, Rabiya and Umma Kabiba, who were in possession of 24.500 kilograms, 14.600 kilograms and 6.900 kilograms of Ganja respectively. Ganja sale proceeds of Rs. 3,100.00 and Rs. 9,400.00 were also recovered from Rabiya and Umma Kabiba respectively. Thiru Kalidasan, Sub Inspector of Police, Narcotic Intelligence Bureau, Crime Branch, C.I.D. Madras arrested the detenu and seized Ganja and selling cash in the house search list attested by witnesses. There, upon, they were taken to Thillai Nagar police station with the seized Ganja along with the other three accused with their contrabands at 14.00 hours and a case against them was registered in Thillai Nagar Police Station in Crime No. 136 of 1991 under Section 20(b)(i) of Narcotic Drugs and Phychotropic Substances Act, 1985. The-detenu along with the other accused were remanded before the Judicial Magistiate V. Trichy and lodged in the Central Prison, Trichy and subsequently released on bail.

(3.) On 4/4/1992, at about 3 P.M., in Rasipuram Town limits on Salem-Attur Road in front of Rasipuram Old Bus Stand, Way-in-gate, the Inspector of Police, Narcotic Intelligence Bureau, Crime Branch, C.I.D., Salem, on information conducted raid and found the detenu in possession of a fibre suit case containing Ganja, a Narcotic Drug, weighing 13 kilograms with the suit case and 8 kilograms of Ganja in a rexine bag for sale or for preparation of sale, along with one Enkatamallu of Andhra Pradesh, with 6,500 Kilograms of Ganja from the detenus possession and from the possession of the other accused were seized in the presence of witnesses. Thereupon, they were arrested and a case was registered in Crime No. 26 of 1992 under Section 20(b)(i) of Narcotic Drugs and Psychotropic Substances Act, 1985 and investigated. Then, the papers were sent to the Detaining Authority and after drawing subjective satisfaction, the impugned order of detention was passed.