KASHMIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Vide detention order Annexure P.1 dated 10th March, 1989 based on grounds of detention annexure P.2, petitioner Kashmir Singh was ordered to be detained in exercise of preventive jurisdiction on grounds of having been found in conscious exclusive possession of and concealing charas and heroin of foreign origin on 11th January, 1988 and 30th January, 1988 respectively. In respect of charas recovery First Information Report No. 9 dated 11th January, 1988 was registered against the detenu-petitioner in Police Station Saddar, Fazilka, wherein the detenupetitioner was acquitted by the learned Additional Sessions Judge, Ferozepore, on 2nd February, 1989. In respect of the recovery of heroin of foreign origin, First Information Report No. 43 under Sections 411/414 of the Indian Penal Code and Section 18 of the N.D.P.S. Act was registered against the detenu-petitioner in Police Station Saddar, Fazilka, on 14th February, 1988.

(2.) Validity of the detention order Annexure P.1 dated 10th March, 1989 has been assailed on the grounds of (i) non-application of mind by the detaining authority to the peculiar facts and circumstances obtaining in the case of the petitioner and resultant want of its subjective satisfaction; (ii) want of nexus or proximity between the prejudicial activities of January, 1988 and the detention order dated 10th March, 1989 passed more than 1 year, 2 months and 2 weeks thereafter; and (ill) of the provisions of Narcotic Drugs and Psychotropic Substances Act, enforced in July, 1988 having been invoked retrospectively in respect of prejudicial activities of January, 1988. In reply it was asserted that the order of detention Annexure P. 1 was based on subjective satisfaction of the detaining authority based on due application of mind, that there was both nexus and proximity between prejudicial activity and the order of detention and that inordinately long time of nearly 1 year, 2 months and 2 weeks was taken by the authorities in processing the case and that the provisions of N.D.P.A. could ultimately be invoked while making the order of detention on 10th March, 1989.

(3.) I have heard Shri Bipan Ghai, Advocate, for the petitioner, Shri S.S. Saron, A.A.G. Punjab, for the State and have carefully perused the material on record.