FIROZ MOHAMMED KUNNY Vs. C.D. SINGH,

JUDGEMENT

(1.) BY this Writ Petition, the petitioner has challenged the order of detention issued by respondent no. 1 bearing no. SPL-3(A)/PND-0195/6 dated 21.3.1995 which is annexure 'A' to the petition.

(2.) IT is stated in the grounds of detention that on 21.9.1994 the Narcotics Cell received information that one Wahid Khan had brought a large consignment of heroin to the city and was to distribute it. As per the information, a gang of drug traffickers headed by one Sharif Shaikh, his wife Smt. Shamsunissa, Madira, Zuber and the detenu herein were to deliver the said heroin to customers on 24.9.1994 between 11 a.m. to 11.30 a.m. near Famous Studio, Dr. E.Moses Road, Worli, Bombay. It was also learnt that the said party was to come in a white Maruti van no. MFA 8533. After receipt of the said information, a trap was laid by Narcotics Cell. At about 11.25 a.m., a Maruti Van was seen coming from Worli side along Dr. E.Moses Road. The said car was stopped near the gate of Famous Studio. Two women sitting at the rear side of the van got down from the left side rear door. A man sitting in the front also got down. All the three were carrying huge quantity of heroin. The present detenu was at the wheel. He was also found with 100 gms. of heroin. On the basis of the aforesaid raid, all the four persons were arrested and prosecutions were launched. During the seizure, about 23 kgs and 100 gms. heroin was found. On the basis of the aforesaid facts, detention order was issued under section 3(1) of the NDPS Act.

(3.) IN view of this, as held by the Supreme Court in 1994 Supp. (2) S.C.C. 716, since there is an ex facie delay, the obligation is on the State to explain the delay. In the present case, by failing to file even a counter affidavit and by failing to explain the ex facie delay between the receipt of the representation on 10.7.1995 till today, the Central Government failed in its duty and, therefore, there is no alternative except to quash and set aside the detention order.