SALIM Vs. UNION OF INDIA

JUDGEMENT

(1.) The order of detention dated 28th January, 1994 (Annexure A) passed by Joint Secretary to the Government of India under Section 3 (1) of the Prevention of Illicit Traffic in Nareotic Drugs and Psychotropic Substances Act, 1988 (for short the Act) against Salim (Detenu) with a view to preventing him from engaging in the purchase, possession and transportation of narcotics drugs is under challenge in this petition under Art. 226 of the Constitution of India seeking issuance of Writ of Habeas Corpus.

(2.) Briefly stated the facts of the case are that on 17.7.1993 three persons, who had arrived at Nagda by Dehradun Express were intercepted in front of Hotel Chandralok, Gali No.1, Mahatma Gandhi Road, at about 14.30 hours by the team of officers headed by a Gazetted Officer in the presence of two witnesses. On requisitioning, the trio disclosed their names (one of them being detenu and the other two being Nassir Hussain and Bhanwar Singh). The detenu was found carrying one bag. On search, this bag was found containing 5 polythene packets wrapped in cloth. The packets were found to contain brownish powder. On weighment, these packets were found containing 4.700 kgs. Harion. Samples were drawn and sealed. The statement of the detenu was recorded. A case under N.D.P.S. was registered against the detenu. He was arrested and later committed to judicial custody on 17.7.1993. On 28.1.1994, i.e. after about 6 months from the aforesaid incident, the order of detention was passed and served on the detenu while in jail along with the grounds (Annexure B). Liyakat, as next friend, has filed this Writ Petition on behalf of detenu Salim.

(3.) The respondent No.1 has filed the affidavit. The Counsel for the respondent No. 1 submitted that no further affidavit is necessary. I have heard Counsel for the parties.