ARJUNSINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Detenu Arjunsingh has been detained under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (for short 'the Act') by order dated 28-9-92 passed by the respondent No. 1 (Ann. P.1). The detention order is based on grounds as contained in Ann. P.2 to the petition.

(2.) By this petition under Art. 226 of the Constitution filed Fon behalf of the detenu, by his brother-in-law, the detention order Ann. P.1 is being challenged and the detenu prays for issuance of a writ of habeas corpus quashing the said detention order.

(3.) This petition has been filed by detenu's brother-in-law Sultansingh. The detenu as can be gathered from the grounds of detention Ex. P. 2 was arrested on 15-3-92, on the basis of the secret information to the effect that the house of the detenu was cordoned off by the staff of the central bureau of Narcotics on 15-3-92. It was suspected that the detenu had stored a large quantity of contraband opium for being transported to Rajasthan through Paburam and Baburam who were found to be hiding in his house in a suspicious manner with bags in their hands at the time of raid. The grounds of detention further refers to the fact that the detenu in his statement recorded on 15-3-92 has disclosed that he was engaged in the trade for the last two years working with his brother and the said Paburam and Baburam. In yet another statement recorded on 21-5-92, the detenu pleaded ignorance about 112.350 Kg. opium being seized from his house and also about presence of the above two persons Paburam and Baburam. It was thus a case of retracted confession. On the allegation the detenu was arrested for alleged offence under the Act.