MOHAMMAD ASIF Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS petition in the nature of habeas corpus has been filed assailing the order of detention dated 18.06.98 issued by Respondent No. 2 Joint Secretary to the Government of India, Ministry of Finance, Department of Revenue, New Delhi against Mohd. Shakir s/o Mohd. Shafi (detenu) under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (For brevity, herein -after referred to as the 'Act') with a view to preventing him from engaging in purchase, possession concealment and illicit trafficking of narcotic drugs, by his brother -petitioner Mohd. Asif.

(2.) ACCORDING to the petitioner, the Respondent No. 2 Smt. Reva Nayyar, Joint Secretary to the Government of India Ministry of Finance, Department of Revenue had passed the order dated 18.6.98 as per provisions of Section 3(1) of the Act to detain the detenu with a view to preventing him from engaging in the purchase, possession, concealment and illicit trafficking of Narcotic drugs - (Annexure -A). This order was served on the detenu on 23.8.2001 along with the grounds of detention and the documents referred to in the list. These documents were purported to have been relied upon by the detaining authority (Annexure -C). The detention was communicated to the Government of India - Respondent No. 1 containing the grounds of detention (Annexure -B). The matter was referred to the Advisory Board and the same has been confirmed by the report dated 30.10.2001 arid, thereafter, the detention order was confirmed for one year by order dated 20.11.2001. The detenue had made several representations and the same were considered and rejected. The document Annexure -B is showing the detailed facts which were considered by the detaining authority for passing the detention order. According to the grounds of detention dated 31.12.97, the truck bearing Registration No. MKU -6278 was intercepted on Neemuch -Ratlam road while coming from Mandsaur side. The search of the truck was taken. The driver of the said truck was Usman of Gafood Mohd. and according to the information given by the driver, the second person who managed to escape was Mohd. Shakir s/o Mohd. Shafi, the detenu. In the search of the truck in total 21.600 Kgs heroin was found contained in four bags. On enquiry, the Station House Officer of Police Station VD. Nagar Mandsaur had submitted the report about the involvement of the detenu in two more cases of N.D.P.S. Act. The authorities were made to apprehend the detenu, but he was found absconding because of which, the detention order could not be served on him and the same was served on 23.8.2001 when he was already arrested on 21.8.2001 in the crime registered by the concerned Narcotic Department under the NDPS Act in pursuance of non -bailable warrant issued by the Special Court. He was remanded to judicial custody by the Special Court, Mandsaur. The detaining authority, in the grounds of detention order (Annexure -B) has mentioned in para 19 that "even though the case is under trial in the Special Court, NDPS Act Mandsaur (M.P.) I am satisfied that there is compelling necessity to detain Mohd. Shakir under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Act, 1988 in view of the likelihood of his indulging in illicit traffic in narcotic drugs as is evident from the trend of his activities," Again, in para 21, the detaining authority has observed that "Even though the case is under trial in the Special Court, NDPS Act, Mandsaur (M.P.), I am satisfied that in view of the facts stated above, it is necessary to detain Mohd, Shakir under the Prevention of Illicit traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 with a view to preventing him trafficking in narcotic drugs."

(3.) THE impugned detention order has been assailed in this writ petition by the petitioner mainly on the following three grounds: -