BRIJ KUMAR JAISWAL Vs. SUPERINTENDENT DISTRICT JAIL VARANASI

JUDGEMENT

(1.) The petitioner has filed this petition for issuance of a writ of habeas corpus for his production before this Court and release challenging the validity of his detention order dated 1-7-2002 passed by respondent No. 2 under Section 3 (1) PITNDPS ACT, 1988 and his detention in pursuance of the said order.

(2.) The petitioner was served with the grounds of detention on the basis of which he was detained under Section 3 (1) PITNDPS Act, which disclosed that on 29-3-2002, the Circle Officer, Bhelupur and police of P.S. Lanka, district Varanasi got information through informer that the petitioner, a notorious trafficker of hereoin was present in his house in Mohalla Saket Nagar along with huge quantity of heroin and was waiting for purchasers and that in case search was made he would be apprehended along with heroin. Believing on above information, the Circle Officer and the police party tried to search witnesses, but none was available. The house of petitioner was raided by the police party headed by Circle Officer and on entering into the house the petitioner and his son Deepak were found preparing small packets (puriyas) of heroin. The petitioner and his son were arrested at about 9 p.m. and on their personal search, the petitioner was found in possession of 750 grams heroin kept in a plastic bag and Deepak was found in possession of 250 grams heroin kept in another plastic bag. Sample was taken from each set of recovered hereoin and it were sealed in different packets. The petitioner and his son were arrested informing that they were involved in the offence punishable under Sections 8/21 N.D.P.S. Act. The samples of the heroin were sent to Forensic Science Laboratory, Mahanagar, Lucknow for chemical analysis and on analysis it was found heroin. The petitioner was in jail in connection with Case Crime No. 54 of 2001 under Sections 8/21 N.D.P.S. Act, P.S. Lanka and had moved application on 29-10-2001 for his bail before the Special Judge, N.D.P.S. Act, which was rejected. There was every possibility that the petitioner would move second bail application and would be released on bail and that after release on bail he would again indulge in similar activities of illegal trafficking in Narcotic Drugs and Psychotropic Substances. Therefore, the State of Uttar Pradesh was satisfied that it was necessary to detain the petitioner under Section 3 (1) PITN.D.P.S. Act.

(3.) Parties have exchanged their affidavits.