HINA KHAN Vs. SUPERINTENDENT GAUHATI DISTRICT JAIL

JUDGEMENT

(1.) Md. Ayub Khan a resident of Boiragi Math, Dibruganth of the State Assam was detained on Feb. 7, 1989 under the Prevention of Illicit Traffic in Narcoitc Drugs and Psychotropic Substances Act 46 of 1988. This habeas corpus petition is filed by the spouse of the detenue Mrs. Hina Khan. In this petition a long list of events beginning from June 2, 1986 are set out. In this petition the Superintendent of District Jail, Gauhati, Union of India, Joint Secretary to the Govt. of India and Under Secretary to the Govt. of India Ministry of Finance, Department of Revenue, New Delhi are impleaded and all of them resist the petition.

(2.) It is averred on June 2, 1986 from (ancestral) the house of the detenue some goods were recovered by the Excise Officials and the detenue was prosecuted. During the proceedings in the Criminal Court bail was granted to the detenue on June 16, 1986. Four months after the search a further seizure was made on October 18, 1986 at Beltola, Gauhati. A complaint was lodged before the Chief Judicial Magistrate, Gauhati against 14 persons including the detenue on October 20, 1986. In that Criminal Case the detenue was enlarged on bail.

(3.) There is a reference to bail order is made on September 18, 1987 as respects that order the Excise Officials attempted in the courts to rescind the bail order. This Court on October 5, 1988 did not cancel the bail instead it is averred protection order was passsed by this court. The full details of the order are not relevant for this habeas corpus petition.