HARJINDER SINGH ALIAS JINDA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a petition filed by Shri Harjinder Singh alias Jinda son of Shri Karnail Singh resident of village Anayatpur, Police Station Ramdas, Tehsil Ajnala District Amritsar, under Articles 226/227 of the Constitution of India praying for issuance of writ or any other order or direction for quashing order of detention dated 22.1.1998 (Annexure P.1) under section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act. 1988 and order dated 9.6.1998 (Annexure P.6) vide which the earlier order dated 22.1.1996 was confirmed for a period of two years, passed by respondent No. 3 against the petitioner as according to the petitioner both the orders are inherently illegal, manifestly absurd and passed on extraneous irrelevant and vague grounds.

(2.) The petitioner states that the impugned order dated 22.1.1998 (Annexure P.1) was served upon him when he was already in judicial custody in a case titled as Inspector of Customs v. Manjit Kaur and others i.e. Criminal Complaint filed under Sections 21/23/29/30 of the N.D.P.S. Act 1985 and Section 135-A of the Customs Act, 1962. The grounds of detention annexed with the detention order dated 22.1.1998 are that acting on a specific information, a joint party of Customs Staff and Punjab Police, searched the residential premises of Smt. Manjeet Kaur on 11.2.1997 at Village Malalkpur, P.S. Ramdas, Tehsil Ajnala, District Amritsar. Her house was thoroughly searched in her presence and in the presence of two independent witnesses which resulted into recovery of two plastic bags concealed in the wheat straw lying in the verandah of the house. These bags were opened and found to contain twenty five packets of brown powder and white granules in each bag. The powder lying in the packets was tested with the help of drug testing kit which answered positive for the presence of Diacytile Morphine. three representative samples of 10 grams each were taken from lot of 10 packets. Three representative samples had been sent to the Chemical Examiner for analysis and the samples answered positive for Morphine (Heroin). In her statements dated 11.2.1997, 13.2.1997 and 14.2.1997 tendered before the Superintendent Customs, Amritsar under Section 108 of the Customs Act, 1962, Smt. Manjit Kaur admitted the recovery of 50 packets of brown powder and while granules in the manner stated above from her house. She disclosed that on 9.2.1997 Dalip Singh alias Guru son of Fauja Singh working as labourer in the fields came to their house and informed her husband about two bags lying in their sugarcane fields. Thereafter her husband went to the fields and brought home those two bags on his bicycle and kept the same in wheat straw lying in the verandah of the house. She also told that her husband Ajaib Singh informed her father-in-law Shri Surjit Singh about the two bags who advised them to keep those bags in the house and further said that those bags will be delivered to the owner after making necessary enquiries next day or will be handed over to the police. Manjeet Kaur further disclosed that on 11.2.1997 at about 7.30 hours, three persons with muffled faces visited their house and discussed something with her husband. Later on her husband informed her that they were demanding those two bags and out of them one disclosed his identity as Avinash. In his statement dated 14.2.1997 Shri Dalip Singh alias Guru disclosed that while he was working in sugarcane fields of Ajaib Singh son of Surjit Singh he found two plastic bags lying in the fields but he did not touch the bags fearing possibility of explosive and had not seen any person placing the said two bags in the fields. He further stated that he met Shri Surjit Singh father of Ajaib Singh and informed him about the said two bags.

(3.) The petitioner states that it has been alleged by the respondent that the Governor of Punjab had satisfied that the petitioner had indulged in illicit Traffic within the purview of Narcotic Drugs and Psychotropic Substances Act and therefore the order under section 3(1) of the Prevention of Illicit Traffic and Narcotic Drugs and Psychotropic Substances Act, 1988 has been passed with a view to prevent the petitioner from indulging in prejudicial activities in future. The petitioner has challenged the order of detention and the order of confirmation on the ground that the petitioner has already facing prosecution under Sections 21/23/29/30 of the N.D.P.S. Act, 1985 read with Section 135-A of the Customs Act, 1962 in a complaint case filed by Inspector of Customs, Amritsar in the Court of Chief Judicial Magistrate, Amritsar on 3.5.1997 titled as Inspector Customs v. Manjit and others. In the said case charge has already been framed and the matter is fixed for recording of prosecution evidence before the Special Judge, Amritsar. The petitioner applied for bail in the said case which was rejected by the court of Additional Sessions Judge, Amritsar and also rejected by the High Court on 15.5.1998; that the petitioner made a representation against the detention to the Governor of the State of Punjab through the Superintendent of Central Jail, Amritsar; that through the detention order dated 8.6.1998 passed by respondent No. 3 it was disclosed to the petitioner that the Advisory Board in its meeting held on 25.5.1998 had opined that there was sufficient cause to continue the detention of the petitioner and the said order of detention of the petitioner was confirmed for a period of two years from the date of detention i.e. 2.2.1998.