GAZI KHAN ALIAS CHOTIA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner by this Habeas Corpus Petition has challenged his detention order dated 30 -5 -1989 passed by the State Government Under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (here in after referred to as 'the Act' of 1988). Along with this, by another communication dated 30 -5 -1989 the petitioner was also give the grounds of his detention and the petitioner was asked to submit his representation if he so wishes. The allegations have been placed on record as Annex. 2.19 documents were also supplied to the petitioner along with the order of detention which has also been placed on record as Annex. 3. After receipt of the grounds of detention along with the documents the petitioner made a representation to the Detaining Authority on 16 -6 -1989 demanding copies of the relevent documents so as to enable him to establish his innocence. A copy of the representation has been placed on the record as Annex. 4. The representation, which was sent to the State Government through the Superintendent Central Jail, Jodhpur where the petitioner was detailed, come to be rejected by the State Government by communication dated 11 -7 -1989, a copy where of has been placed on the record as Annex. 5. The matter of petitioner's detention was referred to the Advisory Board by the State Government and the meeting of the Advisory Board was fixed on 12 -7 -1989 at Jaipur. The notice of the Advisory Board's meeting was served on the petitioner on 11 -7 -1989 in the after -noon and on that evening he was taken to Jaipur to produce before the Advisory Board. A copy of this notice dated 6 -7 -1989 which was served on the petitioner on 11 7 -1989 has been placed on the record as Annx. 6, along with the communication (notice) dated 6 -7 -1989 the petitioner also received yet another notice dated 11 -7 -89 by which be was informed that he could not be represented by a lawyer or any representative before the Advisory Board. The notice dated 11 -7 -1989 has been produced on the record as Annx. 7. It is alleged that the petitioner who was not conversant with the law his right to be represented by a friend before on the subject was not informed about Advisory Board. According to the endorsement made on Annx. 6 he was clearly told that he has to appear alone without any lawyer. It is further submitted that he was not given sufficient time to contact his relations and lawyer for appearing before the Advisory Board. It is alleged that at the Central Jail, Jaipur where the petitioner was detained he received this Annex.5, by which his representation to the State Government was rejected. Aggrieved against this action, the petitioner filed the present Habeas Corpus Petition. During the pendency of this petition, the petitioner also received a communication dated 21 8 -1989 whereby the petitioner's detention has been confirmed Under Section 9(f) of the Act on the recommendation of the Advisory Board. This has been filed by the petitioner also as well as by the State Government along with its reply and has been marked as Annx. Rule 1. The petitioner by an affidavit submitted that since he has received this communication therefore, he may be permitted to challenge this order of confirmation also along with the other grounds taken by the petitioner. The application of the petitioner was allowed and he was permitted to challenge the order of confirmation also.

(2.) A return has been filed by the respondents and they by their reply justified the detention of the petitioner.

(3.) THE Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 came into force on 6th September, 1988, The basic idea behind enacting this Act is to check the illicit traffic in narcotic drugs and Psychotropic substances. It is common knowledge that the drugs all over the world are creating havoc and disturbing the entire socio -economic structure. In order to take preventive measures to this world wide phenomenon, these strong measures are resorted to and Parliament passed the Act of 1988. The Statement of Objects and Reasons reads as under: In recent years, India has been facing a problem of transit traffic in illicit drugs. The spillover from such traffic has caused problems of abuse and addiction This trend has created an illicit demand for drugs within the country which may result in the increase of illicit cultivation and manufacture of drugs. Although a number of legislative, administrative and other preventive measures including the deterrent penal provisions in the Narcotic Drugs and Psychotropic Substances Act, 1985, have been taken by the Government, the transit traffic in illicit drugs had not been completely eliminated. It was, there are felt that preventive detention law should be enacted with a view to effect rely immoblising the traffickers. The Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 provides for preventive detention relation to smuggling of drugs and psychotropic substances, but it cannot be invoked to deal with persons engaged in illicit traffic of drugs and psychotropic substances within the country. It was, therefore, felt that separate legislation should been enacted for preventive detention of persons engaged in any kind of illicit traffic in narcotic drugs and psychotropic substances. Accordingly, the President promulgated the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Ordinance, 1988 on the 4th July 1988. The ordinance provided for the following, among other things, namely: