ALFOODIN GHOSI ALIAS ALFOO Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, by this Habeas Corpus Writ Petition, has challenged the legality of the order of detention dated 12/08/1991, passed by the Joint Secretary to the Government of India, by which the petitioner was ordered to be detained under S. 3(i) of the Prevention of Illicit Traffic, Narcotic Drugs and Psychotropic Substances Act, 1988.

(2.) The facts of the case, which necessitated the Detaining Authority to pass the impugned order, are that on 9/03/1991, the Officers of the Narcotics Control Bureau, Jodhpur, searched the rented premises of Shri Babu Lal Suthar - a friend of the petitioner. During the course of this search, in the underground room of the rented premises of Babu Lal Suthar, two polythene bags containing 42 packets of Charas, were found, which were kept by the petitioner. The statements of Sarvashri Babu Lal Suthar and Moola Ram Suthar were recorded by the Officers of the Narcotics Control Bureau, Jodhpur, under S. 67 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred as 'the Act, 1985'). In his statement, Shri Babu Lal Suthar admitted the recovery and seizure of 42 packets of Charas weighing 42.062 kg. from the underground room of his workshop and he, also, identified the photographs of the petitioner as being of his friend. Moola Ram Suthar, in his statement under S. 67 of the Act, also, admitted the search and seizure of 42 packets of Charas recovered from the underground of the workshop of Shri Babu Lal Suthar and disclosed that these two polythene bags, containing 42.062 kg. of Charas, were kept by Alfoodin Ghosi in the underground on 9/03/1991, at 4-00 a.m. He further stated that the petitioner Alfoodin informed him that he is keeping books in these two polythene bags. He has, also, stated that he allowed the petitioner Alfoodin to put these polythene bags as he was the friend of his master Shri Babu Lal Suthar. The petitioner himself was, also, examined on 9/03/1991, and Ma 10/03/1991, and admitted the ownership of the consignment of the Charas. He, also, admitted that he purchased this Charas from one Gani Khan R/o Pokaran (district Jaisalmer) @ Rs. 1200.00 per kilogram and asked him to deliver the same at Jodhpur, and the delivery was made to him by Gani Khan in a Mahindra Jeep driven by Gani Khan and bearing No. RST 4780, at a pre-decided place near the Badla outside III Polo, Mahamandir, Jodhpur, and after taking the delivery of Charas, he placed this consignment in the underground room of the workshop of Babu Lal Suthar.

(3.) The petitioner, in pursuance of this search, was arrested and a criminal case under the Narcotic Drugs and Psychotropic Substances Act was registered against the petitioner and he is facing trial. The petitioner, after his arrests, filed a bail application before the Additional Chief Judicial Magistrate, Jodhpur, on 11/03/1991, which was rejected on the same day. After the rejection of the bail application by the learned Additional Chief Judicial Magistrate, Jodhpur, the petitioner again preferred a bail application before the Sessions Judge, Jodhpur, on 14/03/1991, which was dismissed by the learned Sessions Judge, Jodhpur, on 20/03/1991. The petitioner again moved a bail application before the learned Sessions Judge on 8/04/1991, which was dismissed by the learned Sessions Judge, Jodhpur, on 18/04/1991. The petitioner thereafter moved a bail application before the High Court on 17/05/1991 which was dismissed by the High Court on 23/05/1991. In view of the likelihood of the petitioner being released on bail and further that after his being released on bail he is likely to engage himself in the possession and purchase of narcotic drugs, the Detaining Authority passed an order of detention on 12/08/1991 (Annexure 1). This order of detention dated 12/08/1991, was served upon the petitioner along with the grounds of detention and the annexures on 16/08/1991. The petitioner, after the receipt of the order of detention and the grounds along with the other annexures, made a representation to the Central Advisory Board on 28/09/1991. The Central Advisory Board considered the representation of the petitioner and the record of the case and recommended the detention for a period of one year. The Central Government, by its order dated 1/11/1991, exercising its powers under S. 9(f) of the Prevention of Traffic in Narcotics Drugs and Psychotropic Substances Act, confirmed the order of detention dated 12/08/1991, and further directed that petitioner Alfoodin Ghosi be detained for a period of one year from the date of his detention, i.e., from 16/08/1991. The representation made by the petitioner was rejected by the Detaining Authority vide its order dated 26/11/1991 (Annexure-3).