FAQUIR CHAND ALIAS FAQUIRIA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THROUGH this petition for issuing a writ of habeas corpus, Faquir Chad alias Faquiria, detenu, seeks quashment of the detention order Annexure P-1 passed by the State Government on 19-1-90 under Section 3 (1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (for short referred to as the Act') with a view to preventing the petitioner from engaging in the purchase transportation, inter-State import, sale and possession of narcotic drugs. This order of detention was served upon the detenu along with grounds of detention on that very date.

(2.) THE brief resume of facts as given in the grounds of detention is that on 30.5.1989, at about 10-05 p.m. D.S. P. Sukhdev Singh China of Barnala, district Sangrur, received secret information to the effect that Faquir Chand, present petitioner along with his son Madan Lal indulges in the smuggling of poppy husk by bringing it from Uttar Pradesh and that on the night intervening 30 and 31-5-1989, the petitioner alongwith his accomplices Babu Ram, Joginder Singh and aforesaid Madan Lal would be bringing poppy husk from one Sunil Kumar of village and Police Station Faridpur district Barielly (Uttar Pradesh) in truck bearing registration No. CHW 5671. Taking this information as credible a case under Section 15. of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the N.D.P.S. Act') was registered against the petitioner vide F.I.R. No. 83 at Police Station Dhanaula. Thereafter during the same night, Inspector Jagdish Singh, Incharge of Police Station Dhanaula, along with other police officials held a Nakabandi on a canal bridge in the area of village Kot Duna. At about 3-30 A.M. a truck came from the side of village Bhikhi and was stopped on suspicion. One of the occupants of the truck managed to escape in the darkness of the night while the petitioner was found sitting on the tool box of the truck and arrested along with Madan Lal, Habans Singh and Joginder Singh. In the meantime aforesaid D.S.P. of Barnala was also called through a wireless message. Thereafter search of the truck yielded the recovery of 60 bags of poppy husk each containing 34-50 kilograms of poppy husk. 57 bags of oil cakes were also found lying in the truck. Earlier also on 16-9-1988, ASI Harinder Singh police Station Sunam, district Sangrur, had recovered 480 kilos of poppy husk from truck bearing registration No. HIS 7707 driven by Balbir Singh wherein the petitioner along with Avtar Singh and Babu Singh were also travelling. The petitioner managed to escape on seeing the police party. On account of the above referred prejudicial activities the detaining authority passed the impugned order of detention in order to prevent the petitioner from engaging in the purchase, transport etc. of the narcotic drugs.

(3.) MR . S. S. Saron, the learned Assistant Advocate General, on the other hand, contended that in view of the provisions of section 6 of the Act even if the earlier incident of possession of the opium is not taken into consideration, the last prejudicial activity would itself be sufficient to sustain the detention order as large quantity of poppy husk was found in possession of the petitioner. He also maintained that the representation was disposed of promptly under the circumstances of the case and that the nexus between the last prejudicial activity and the passing of detention order was not snapped due to passage of four months because the authorities were busy in examining the case thoroughly. The case of the petitioner was contended to be distinguishable from his accomplices.