PREMA BANGAR SWAMY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioner herein is a resident of Chennai and on the date of filing of this petition i. e. on 22-8-2003 she was in custody of Yerawada Central Prison, Pune. The petition places on record a very sorry state of affairs inasmuch as it is pointed out therein that in spite of her acquittal in NDPS Special Case No. 16 of 1991 by the Special Court in Mumbal and in spite of that order having been confirmed in appeal, by dismissing the appeal filed by respondent No. 3 Narcotics Control Bureau, which appeal bearing No. 484 of 1995 was dismissed by the High Court on 13-12-2000, the petitioner continued to be retained in custody. This petition filed under Article 226 of the Constitution, therefore, invokes articles 14, 19, 21 and 22 of the Constitution and seeks to challenge this illegal detention. This is prayer clause (a) of this petition. In fact, Ms. Kaushik, the learned counsel appearing for the petitioner, informs, on a query from the Court, that she happened to visit Yerawada Central Prison, pune in another legal aid matter when the petitioner met her and informed her about her plight which led to the filing of this petition.

(2.) THE petition came up before an earlier division Bench on 25-8-2003 when having noted this state of affairs, the Division Bench directed that the petitioner be released immediately from custody. The petition came up before another Division Bench on 10-9-2003 when it was noted that in spite of the earlier order passed on 25-8-2003 the petitioner had not been released. The Division bench was required to pass another order on that date and ultimately the petitioner was released on 13-9-2003. In this order, passed on 10-9-2003, the Division Bench also directed the learned Public Prosecutor to take instructions and to find out whether any other similarly situated prisoners are still languishing in jail.

(3.) THE relevant facts leading to this petition are that the petitioner was arrested on 29-10-1990 by respondent No. 3 Narcotics Control Bureau when she had boarded a flight to Zambia from Mumbai. The respondent No. 3 had received an information that some narcotics were being carried on that flight. The petitioner was off-loaded. A certain baggage which was at the Airport was checked wherein heroin of the quantity of 1. 4 kgs. was detected. It was the case of the prosecution that the baggage belonged to the petitioner. However, the prosecution failed to establish the charge to the hilt and the petitioner was acquitted by the Judgment and Order dated 23-11-1993 in NDPS Special Case No. 16 of 1991 of the offences for which she was charged, namely, those under Section 8 (c) read with Section 21, Section 28 read with Section 23 of the NDPS act and Section 135 (l) (a) read with Section 135 (l) (ii) of the Customs Act.