MAKHAN LAL SARAF Vs. B.K. GUPTA

JUDGEMENT

(1.) PROMULGATED by the President in the Thirty ninth Year of the Republic of India. An Ordinance to provide for detention in certain cases for the purpose of preventing illicit traffic in narcotic drugs and psychotropic substances and combating abuse of such drugs and substances and for matters connected therewith. Whereas, illicit traffic in narcotic drugs and psychotropic substances poses a serious threat to the health and welfare of the people and activities of persons engaged in such illicit traffic have deleterious effect on the national economy; And whereas, having regard to the persons by whom and the manner in which such illicit traffic is organised and carried on, and having regard to the fact that in certain areas which are highly vulnerable to such illicit traffic, such activities of a considerable magnitude are clandestinely organised and carried on, it is necessary for the effective prevention of such activities to provide for detention of persons concerned in any manner there with; And whereas, Parliament is not in session and the President is satisfied that circumstances exist which render it necessary for him to take immediate action; Now, therefore, in exercise of the powers conferred by Clause (1) of Article 123 of the Constitution, the President is pleased to promulgate the following Ordinance: 1. Short title, extent and commencement - (1) This Ordinance may be called the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Ordinance, 1988. (2) It extends to the whole of India except the State of Jammu and Kashmir. (3) It shall come into force at once2

(2.) DEFINITIONS . - In this Ordinance, unless the context otherwise requires, (a) "appropriate Government" means, as respects a detention order made by the Central Government or by an officer of the Central Government, or a person detained under such order, the Central Government, and as respects a detention order made by a State Government or by an officer pf a State Government, or a person detained under such order, the State Government; (b) "customs airport" means an airport appointed under Clause (a) of section 7 of the Customs Act, 1962 (52 of 1962); (c) "detention order" means an made under section 3; (d) "foreigner" has the same meaning as in the Foreigners Act, 1946 t31 of 1946); (e) "illicit traffic" means - (i)  cultivating any cocoa plant or gathering any portion of cocoa plant; i)                                    (ii)    cultivating the opium poppy or any cannahis plant; (iii) (iii)  engaging in the production, manufacture, possession, sale, purchase, transportation, warehousing, concealment, use or consumption, import inter -State, export inter -State, import into India, export from India or transshipment, or narcotic drugs or psychotropic substances; (iv) (iv) dealing in narcotic drugs psychotropic substances otherwise than as provided in sub -Clauses (i) to (iii); (v)                            (v)    handling or letting any premises for use for any of the purposes referred to in sub -Clauses (i) to (iv); )                           (vi) financing any activity by himself or through any other person in the furtherance or in support of doing any of the aforesaid acts; (vii)                (vii) harbouring persons engaged in any of the activities specified in sub -Clauses (i) to (vi); or (viii) (viii) abetting or conspiring in the furtherance or in support of doing any of the aforesaid acts, except to the extent permitted under the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), or any rule or order made, or any condition of any licence, permit or authorisation issued, thereunder; (f)                          (f) "Indian Customs waters" has the same meaning as in Clause (28) of section 2 of the Customs Act, 1962 (52 of 1962); (g)                            (g) "State Government", in relation to a Union territory means the Administrator thereof; (h)                (h) words and expressions used herein But not defined, and defined in the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), have the meanings respectively assigned to them in that Act.

(3.) EXECUTION of detention orders. - A detention order may be executed at any place in India in the manner provided for the execution of warrants of arrest under the Code of Criminal Procedure, 1973 (2 of 1974).