GURBACHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of' India, relates to quashment of detention order dated 14/03/1989, Annexure P/1, passed against the petitioner under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (Central Act No. 46 of 1988) (hereinafter referred to as the Act) with a view to prevent the petitioner from indulging in prejudicial activities and engaging in the transporting, import Inter-State and possession of Narcotic drugs.

(2.) In brief, facts relevant for the disposal of this petition as emerge from the grounds of detention, Annexure P/2 are that in the first week of March, 1988, the petitioner on the persuasion of his relation Amar Singh agreed to transport smuggled heroin from Pakistan in his truck from the village of Amar Singh in district Amritsar to Bombay on payment of Rs. 25,000.00 per trip as hire charges. In the middle of March, 1988 for this purpose the petitioner reached the village of Amar Singh in his truck No. DIL. 5995 driven by Gian Singh his driver and from there smuggled 80 packets of heroin in the said truck and handed over the consignment to one Gul Mohammad Pathan at Bombay, after getting the settled amount. Amar Singh paid to the petitioner Rs.25000.00 and out of the said amount the petitioner gave Rs.2000.00 to Gian Singh driver of the truck.

(3.) On the night intervening 22nd and 2 3/04/1988, the petitioner again transported 112 packets of smack in his truck driven by Gian Singh from the village of Amar Singh aforesaid in order to deliver the said consignment at Bombay. On the way the petitioner got down at Jalandhar with two packets of smack, which, he wanted to sell in order to get money for emergency expenses. The petitioner could not sell those packets at Jalandhar, where he learnt that his associates Dial Singh and Amar Singh had already been arrested by the police with 110 packets of smack. Those two packets of smack were subsequently recovered on 25-8-1988 from the house of the petitioner, and, a case u/S.21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 was registered against him at Police Station, Sadar, Patiala. During the investigation of that case the petitioner is stated to have admitted that he had been engaged in other such like prejudicial activities. On account of the aforesaid illegal activities the order of detention against the present petitioner was passed on 14-3-1989.