JAMNASHANKAR Vs. UNION GOVERNMENT

JUDGEMENT

(1.) All the four petitions, being identical in facts and law are disposed of by this common order : 1. Petitioners were arrested pursuant to a raid conducted by the officers of the Central Bureau of Narcotics, Neemuch on 7-12-96 leading to seizure of 132 Kgs. of opium from them. Crime No. 22/96 was registered against them U/ss. 8/18 of the N.D.P.S. Act of 1985. They sought release on bail but A.D.J., Neemuch rejected their application by order dated 21-2-97. They were eventually detained u/S. 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (for short 'PITNDPS Act') by order dated 5-6-97. Grounds of detention were communicated them within the stipulated time and their detention was confirmed by the Government on 17-8-97.

(2.) Petitioners have filed these petitions to question their detention on the grounds that it was illegal and invalid as the Detaining Authority had passed the detention order mechanically and without application of mind and that the grounds of detention were unconnected and remote and did not justify the detention and that the detention was punitive in nature and that they were falsely implicated in Crime No. 22/96.

(3.) Petitioners' counsel Mr. Khan, however, assailed the detention of the petitioners on three grounds viz; (i) that they could not be detained u/S. 3 (1) of the PITNDPS Act as they were already in custody facing trial for the alleged offence committed by them and that their detention was invalid because the Detaining Authority had not shown any awareness of their being in custody already and had also not shown the compelling reasons for their detention despite such custody; (ii) that detention order was also vitiated because of six months delay between the date of occurrence (7-12-96) and the date of order (5-6-97), and (iii) that the order of detention was passed without any material and basis by the Detaining Authority.