KASHI NATH TIWARY Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution of India, wherein the sole petitioner seeks quashing of the order of his detention, dated 21.5.1998 (Annexure -C to the counter -affidavit), whereby he has been detained under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (hereinafter referred to as the Act), and prays for the consequential relief of being set at liberty by a writ of habeas corpus.

(2.) ON the basis of secret information, the respondent -authorities had raided the residential premises of one Radhey Shyam Sao at Stoowarganj, Mohania, on 27.11.1997 at 15.00 hours, and found one person trying to escape, who was intercepted and arrested. He turned out to be the present petitioner. The premises of the said Radhey Shyam Sao was searched and 76 kgs. of ganja packed in two gunny bags of 39 kgs. and 37 kgs. each was recovered. A photocopy of the recovery memo, dated 27.11.1997 is Annexure -A to the counter -affidavit. The petitioner was examined under Section 67 of the Act, and in his voluntary statement on 27.11.1997, admitted recovery of the aforesaid 76 kgs. of ganja from his possession which he had brought from village Masarah along with the said Radhey Shyam Sao which was kept in the said premises for sale. He had also stated in the said statement that he had been arrested by Mohania Police Station in October 1996, in a similar offence under the Act, and was lodged in Sasaram Jail, Photocopy of the petitioners statement is Annexure -B to the counter -affidavit of the respondents. The previous case was registered as NDPS Case No. 155 of 1996, and the trial is pending.

(3.) THE petitioner was in the present case arrested on the spot on 27.11.1997, was produced in the Court of learned Sessions Judge, Sasaram, on 28.11.1997, and was remanded to judicial custody. He was in judicial custody from 27.11.1997 and was ultimately granted bail by this Court by order, dated 31.8.1998, passed in Cr. Misc. No. 15362 of 1998. A complaint petition with respect to the present allegations was filed against the petitioner herein the Court of the learned Sessions Judge, Sasaram, on 16.1.1998 (Annexure 2 to the writ petition), and cognizance was taken under Sections 8, 20(b)(i), 25, 27 -A and 29 of the Act. As stated above, the bail application of the petitioner was twice rejected by the learned Sessions Judge, Sasaram, and he was ultimately released by orders of the High Court. On the basis of the complaint petition pending in the Court of Sessions Judge, Sasaram, which has been registered as NDPS Case No. 5 of 1997, it is manifest that a substantive case with respect to just the same occurrence and just the same allegations under the Act is already pending against the petitioner herein, and the present detention order impugned herein is on the self -same facts.