DINESH CHANDRA Vs. UNION OF INDIA

JUDGEMENT

(1.) These three writ petitions, heard analogously, are filed under Art.226 of the Constitution of India and seek dislodgment of the order of detention as particularized below and issuance of writ of Habeas Corpus for restoration of liberty.

(2.) W.P.No.204/95 : On the basis of intelligence, the officers of Central Bureau of Narcotics searched Bus No. MP 09/50684 of Sidharth Travels, Indore playing between Indore and Bombay at Mhow Naka on 31.5.94. The search of the Bus resulted in the recovery and seizure of 2.250 kgs. of heroin kept concealed in the false bottom of a suit case under the feet of Dinesh Chandra s/c Shankarlal (petitioner M.P .No. 739/95). On interrogation, the aforesaid Dinesh Chandra admitted that he along with his two associated this petitioner, Dineshchandra s/o Ramchandra and one Yusuf sb Fakhruddin were carrying heroin concealed in a false bottom of the suit case to Bombay. The petitioner admitted his complicity in his statement recorded on 1.6.94. The petitioner is being prosecuted under Narcotics Drugs & Psychotropic Substances Act, (for short, NDPS Act). The order of detention dated 6th Oct. 1994 (Annexure P/I was passed against the petitioner by Joint Secy. to the Govt. of India under Sec. 3(1) of the Act. Grounds of detention are shown in Annex.P/2. The order of detention was confirmed by the Govt of India on 29th Dec. 94 (Annexure P/3). This order of detention (Annexure P/I) is under challenge in this writ petition. W.P.No. 738/95 : After recovery of heroin as noted above, the house of the petitioner situated in village Balaguda, was searched on 1.6.1994. The quantity of 800 gms of opium was seized under NDPS Act, 1985. The petitioner gave the statement on 2.6.94 admitting his complicity in illegal trade, sought to be prevented. The order of detention of 6th Oct.94 (Annexure P/2) was passed by Joint Secy. to the Govt. of India. The grounds of detention are shown in Annexure P/3. The order of detention was confirmed by the Govt. of India on 29th Dec. 1994 (Annexure P/2). The order of detention (Annexure P/2) is challenged in this writ petition. W.P.No.739/95: The facts are similar as chronicled with regard to W.P.No.204/95. The only difference is that the suit case was found in the bus below the feet of the petitioner. In his statement recorded on 1.6.94, he admitted the possession and recovery of heroin as noted above. The order of detention dated 6th Oct. 1994 (Annexure P/2) was passed by the Joint Secy. to the Govt. of India under Sec3(1) of the Act. The grounds of detention are shown in Annexure P/3. The order of detention was confirmed by the Govt. of India on 29th Dec. 1994 (Annexure P/I). This order (Annexure P(2) is impugned in this writ petition.

(3.) Respondents have filed return in oppugnation.