SHIV SHANKAR AGARWAL Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner has filed this petition against the order of detention dated 6th May 2011 passed by respondent No. 3 under section 3 (1) of the Prevention of Illicit Traffic in Narcotics Drugs and Psychotropic Substances Act, 1988.

(2.) The Authority in the grounds of detention has mentioned that on specific information a Preventive Unit of the Central Bureau of Narcotics, Gwalior raided the godown of M/s Balaji Trading Company at Gwalior and seized 4110.540 Kgs. of Poppy Husk and 91.240 Kgs Poppy Straw Powder under Section 60 (1) and (2) of the Narcotics Drugs and Psychotropic Substances Act, 1985, for brevity the 'NDPS Act',. During investigation it was found that one Mr. Surendra Singh had PS-3 licence of retail Poppy Straw seller. However, he disclosed the fact that he was only receiving an amount of Rs.5000/- per month and he was working as a proxy of the petitioner, who had been working with Mr. Idu Khan. Both, petitioner and Idu Khan, were engaged in purchasing Poppy Straw and Poppy Straw Powder and it was sold illicitly. The said product was being sold illegally to clients of Punjab and Haryana. It is further noted by the Authority that the petitioner and and Idu Khan deliberately recorded less quantity of Poppy Straw and Poppy Straw Powder in the stock register. The Authority also analyzed the mobile calls of the petitioner and Mr. Idu Khan and found that the petitioner is in illegal trade for last five years. The representative samples from seized Poppy Straw and Poppy Straw powder were drawn on 07.10.2010 and sent to Government Opium and Alkaloid, Neemuch (MP) for chemical analysis. As per the report in regard to analysis all the samples were of Poppy Straw within the meaning of NDPS Act.

(3.) On the basis of the aforesaid facts the Authority has observed that it is necessary to detain the petitioner to prevent him from indulging in illicit trafficking of narcotic drugs i.e. Poppy Straw and Poppy Straw powder. Copies of documents, on which the Authority relied on, have been supplied to the petitioner.