HARJINDER SINGH @ JINDA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a petition filed by Shir 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 wirt 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 petioner 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/s. 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 infromation, a joint party of Customs Staff and Punjab Police, searched the residential premises of Smt. Manjeet Kaur on 11-2-1997 at Village Malakpur, 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 the 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 white 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 brougt 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 diclosed 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.) Thereafter he informed Ajaib Singh who went to sugarcane fields and carried home the two bags on his cycle. Enquiries were also caused from Surjit Singh who admitted that Dalip Singh alias Guru had informed him about two bags lying in the sugarcane fields of Ajaib Singh. He admitted that he had the knowledge that Ajaib Singh went to his sugarcane field and brought home the two bags on his cycle but he showed his ignorance, about the contents of those two bags. He further deposed that he advised his son Ajaib Singh to keep the bags with him and that these will be handed over to the real owner after making necessary equiries the next day or will inform the police. But they could neither make any enquiry with regard to owner of the bags nor could inform the police next day as they remained busy in settling some dispute in the village. Enquiries were also caused from Surjit Singh who admitted that Dalip Singh alias Guru had informed him about two bags lying in the sugarcane fields of Ajaib Singh. He admitted that he had the knowledge that Ajaib Singh went to his sugarcane fields and brought home the two bags on his bicycle but he showed his ignorance about the contents to those two bags. He further deposed that he advised his son Ajaib Singh to keep those bags with him for handing over to the real owner after making enquiries or inform the police. It is further alleged that enquiries were also caused from Jagmer Singh Lambardar to ascertain the identity of unknown scooter borne persons who reportedly met Ajaib Singh on 11-2-1997. In his statement Shri Jagmer Singh Lambardar also confirmed on 14-2-1997 that he had seen three unknown persons visiting the residence of Ajaib Singh on 11-2-1997 in the morning. Enquiries were also made from Narinder Singh Lambardar who in his statement dated 11-2-1997 confirmed that both Surjit Singh and Ajaib Singh amongst other persons remained busy in settling the dispute in the village on 11-2-1997 and added that Ajaib Singh was working as Truck Driver and visits the village occasionally. Ajaib Singh appeared before the Superintendent of Customs, Amritsar on 16-2-1997. In his statement he admitted to have brought home the said two bags contained 50 packets of brown/white powder (stated to be heroin) after receiving message from Dalip Singh alias Guru. He also disclosed that on 11-2-1997 at about 7.00 a.m. three presons with muffled faces entered his house when he was sitting on the bed. One of them disclosed his identity as Avinash and two handed him over Rs. 10,000/-and told that the said bags belogned to them and they would take delivery any time during night. He received Rs. 10,000/- and put them in a polythene bag and buried the same one feet deep besides the foundation wall of the room. On 19-2-1997 Ravinder Kumar joined the investigation and tendered his statement before the Superintendent Customs, Amritsar, Shri Ravinder Kumar deposed that Pakistan national named Jaika visited the residence of Avinash Kumar in village Rampura in the mid of December, 1996 and stayed there in the night.