ELAHIBUS Vs. UNION OF INDIA

JUDGEMENT

(1.) By filing this petition under Article 226 of the Constitution of India, the petitioner has challenged the order of his detention passed on 17.11.2005 (Annexure P/1), (served upon the petitioner on 30.04.2013) by the Joint Secretary to the Government of India, Ministry of Finance, Department of Revenue, New Delhi, under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs & Psychotropic Substances Act, 1988 (for short, the Act). He has also challenged the order dated 05.06.2013 (Annexure P/5), by which his representation was rejected by the Central Government as also the order dated 15.07.2013 (Annexure P/6), by which the detention order has been confirmed and he has been ordered to be detained for a period of one year.

(2.) The challenge to the aforesaid orders is on the grounds that since there is a delay of about eight years in serving the detention order, there is no live link between the activities and the order of detention. That for a singular incident, the detention order could not have been passed. That the case against the petitioner may be relating to "law and order" but was not affecting "public order", and therefore, no detention order could have been passed against him. The petitioner has also alleged that the representation submitted by him has not been appropriately considered by the Competent Authority and as such, the impugned orders are liable to be quashed.

(3.) The respondents have filed reply and have supported the impugned orders. According to the respondents, the petitioner was detained not on the basis of singular incident, but he was involved in offences relating to NDPS Act since long. In the detention order, apart from involvement of the petitioner, in the raid many other cases, which were registered against him were considered. In a raid conducted on 30.12.2004, 6.980 kilograms of Opium Solution, 16.970 kilograms of Crude Morphine, 34.430 kilograms of Opium Makh, 110.510 kilograms of Opium Solution, 6.520 kilograms of Ammonium Chloride which was ultimately found to be Sodium Carbonate and other apparatus used for manufacturing of morphine, like Weights and Balance, Wooden Lab Machine, four big Steel Containers, Gas Cylinder and Stove, Filter Cloth, one large Shallow circular metallic vessel (Paraat), 2 big and 2 small hollow utensils (Tagaar), 2 rubber Gloves, Steel Jug, Plastic Mug, two big Spoons, two big Pots etc. were seized. Alongwith these articles, one spectacle cover with the words "Chashma Ghar, Krishi Upaj, Mandi Road, Pratapgarh, Rajasthan" printed on it and containing in it four handwritten papers were also recovered. The contraband, apparatus and the other documents so recovered were seized. Three motorcycles bearing Registration No. Nil (make New Hero Honda Splendor), Bajaj MP-14 N-0962 and Suzuki MP-14 E-0595 were also found parked in the house of Shri Banshilal. Shri Banshilal, who was present at his house during the search, stated that the aforesaid vehicles were being used by him for illicit transportation of narcotic drugs. Search of the Hero Honda motorcycle, resulted in recovery of Rs. 22,100/- kept in an envelope. On being asked, Shri Banshilal disclosed that the money was meant for purchase of Opium. The said money was seized along with the three motorcycles. In the voluntary statement dated 30.12.2004, Shri Banshilal S/o Nandlal Patidar stated that he and his associate Shamshuddin son Mohammed Ali r/o village Basad, Pratapgard, Rajasthan (the petitioner) had collected Opium for manufacture of Morphine; on 30.12.2004, in the early morning at about 0200 hours, he (Banshilal), Shri Shamshuddin (the petitioner) and two other persons known to the petitioner were busy in preparation of Opium solution and Morphine etc. at his residence; sensing the arrival of preventive party, petitioner Shamshuddin and the other two person fled away leaving him behind in his house; he was caught with the stuff; for preparation of Morphine they had collected about 1 Quintal Opium, out of which 30 kilograms of Opium was purchased by him from some cultivators of village Deori-Khavasa and Bhatkhedi and rest of the Opium was brought by Shri Shamshuddin; total Morphine to be prepared was to be handed over by him to Shri Shamshuddin and you would have taken it to Paragraph and for this act, you were to pay him Rs. 700/- per kilograms as commission; the currency of Rs. 22,100/- recovered from Hero Honda Splendor was given to him by Shri Shamshuddin for purchase of Opium; he had been indulging in illegal trade of manufacture of Morphine for the last 2-3 years; the spectacle cover and some papers so recovered during his house search belonged to his associate Shamshuddin and were left behind when you fled away. Apart from this, following record regarding his criminal activities was also considered by the detaining authority:-