ALTAF NIZAMI Vs. UNION OF INDIA

JUDGEMENT

(1.) The order of detention (Annexure P-I) dated 24.1.1994 passed by Joint Secretary to the Government of India under Section 3 (1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act 1988 (for short Act) with a view to preventing the detenu (husband of the petitioner) from engaging in the procurement, possession, transportation and sale of Psychotropic substances, is under challenge in this petition presented under Article 226 of the Constitution of India seeking WRIT of habeas corpusT for restoration of liberty.

(2.) The order is based on the linchpin of grounds (Annexure-P2) furnished to the detenu on the same date. List of documents in Annexure - P3. The copy of the representation dated 2.2.1994 is Annexure - P4. Copies of statements of witnesses Omprakash, Subhash and S. Kalyan, Inspector are marked as Annexure-P5. Copy of test memo about seized tablets addressed to Government opium and Alkaloid works, Neemuch, is Annexure-P6. The copy of test report, confirming the article to be methaqualone as regards two samples (267 and 271) only out of five samples, submitted for test, is marked as Annexure-7.

(3.) Facts are jejune. Pursuant to intelligence the Superintendent (Preventive) of Central Excise Headquarters, Indore searched the premises of M/s. Ninosprings 46, Sector A Sanwer Road, Indore, owned by the detenu, on 30.10.1993 at 20.00 hrs in the presence of detenu and four other persons namely Mohd. Fakru, Abdul Gani, Ramnarain Mishra and Ramchand Uregwar. Search was witnessed by two Panchas. A bag, containing 20968 Mandre (Methaqualone) tablets, weighing 11 kgms. was recovered and seized vide seizure memo prepared under N.D.P.S. Act. A scooter, alleged to be used for transportation was also seized. In follow-up action, residential premises of the detenu was also searched and 60 gms. of Mandrex (Methaqualone) powder was seized. The statement of detenu confirmed that he was the proprietor of the aforesaid concern engaged in trading of scrap. The detenu and aforesaid Mohd. Fakru, Abdul Gani and Ramnarain Mishra were arrested, on 31.10.1993 for offences punishable under N.D.P.S. Act and produced before the AddI. Chief Judicial Magistrate, Indore on 1.11.1993. Complaint has been filed in court for trial on 24.12.1993. Bail application was rejected by Sessions Court. Despite prosecution the authorities felt that preventive detention was necessary to prevent the detenue from continuing to indulge in illicit traffic in Psychotropic Substances. Hence Order (Annexure P-I) was passed and served in jail. This order as well as continued detention in pursuance thereof are impugned herein.