THANESUR Vs. SUPERINTENDENT DISTRICT JAIL LUCKNOW

JUDGEMENT

(1.) BHANWAR Singh, Abdul Mateen, JJ. These three petitions have been filed by the petitioners for a Writ in the nature of Habeas Corpus challenging the impugned Detention Orders dated 18th February, 2005 issued under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 and further for seeking their release from detention. According to the petitioners, the Detention Orders are illegal, without jurisdiction and unconstitutional. They have, therefore, prayed for quashing of the Detention Orders and for then immediate release from jail.

(2.) IT is alleged by the first two petitioners that the allegations of their being found in possession of 5 Kgs. Morphine and 700 bottles of Acetyl Chloride, each with contents of 500 milliliter, besides a sum of Rs. 25,000/-allegedly recovered from the pocket of Ram Avtar Gupta, while travelling in Tata Sumo No. HR 38 E 3720 at 4 p. m. on 14th April, 2004 were absolutely baseless. Even their arrest has been disputed and the allegation that they confessed to the commission of crime was nothing but a concocted version of the authorities.

(3.) AS a matter of fact, the petitioners were not arrested in the way and manner as recited in the First Information Report. AS alleged, the petitioner Tayyab was arrested at 1. 30 p. m. on 13th April, 2004 from his house. A telegram in this context was dispatched to all the relevant authorities including Lucknow Bench of this Court. Copy of the said telegram was not furnished to the petitioners nor the same was placed before the competent authority, who issued the Detention Orders. It was also controverted that Tayyab was arrested from his house on 14th April, 2004 after his house was raided. It was also termed to be as wrong that 30 lts. Acetic Anhydride used for preparing heroine, 5. 500 Kgs. Morphine and 3,500 Kgs. Heroine were recovered from his house. A sum of Rs. 7,92,000/-was also recovered which was allegedly earned by him while indulging in drug trafficking. However, Tayyab has denied such recovery.