RAM SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The above numbered four habeas corpus petitions are being disposed of by this common order because, though separate orders of detention made under sub-section (2) of Section 3 of the National Security Act, 1980 (for short, the NS Act) are under challenge, but most of the grounds which have been raised in challenging the detention orders are common or at any rate they are identical.

(2.) We will first of all give the facts of the four cases and then will take up the arguments advanced by the learned cuansel for the petitinners. Ram Singh v. State of Rajasthan and another D. B. Habeas Corpus Petition No. 7045 / 1992

(3.) This petition relates to the detention of Kishan Singh and has been filed by his younger brother Ram Singh. Kishan Singh is an Ex-constable in Rajasthan Police. He left the service in the year 1981. The District Magistrate Jaisalmer on 3/10/1992, made an order under S. 3 of the NS Act. The said order was made in exercise of the powers conferred on him under sub-sec. (2) of S. 3 of the NS Act. Alongwith the order Annr. 2, the grounds of detention Annr.3 were also simultaneously prepared and served on Kishan Singh. It will be seen from a perusal of the grounds of detention that the ground No. 1 is in respect of an incident said to have taken place in the intervening night of July 30/31, 1987 and it recites that 19 kattas of illicit 'charas 'had been recovered from the boundary of village Bhojka. A case No. 83/ 31-7-1987 under Ss. 21 and 22 of NDPS Act, S. 110 of the Customs Act, S. 55 / 112 of the MV Act was registered and after investigation a charge-sheet was filed on 24/07/1990 which is under trial and the case is pending. Ground No. 2 is in respect of some entries in the general diary of Police Station Nachna and though the details of the aforesaid entries have not been given, but it recites that from time to time various entries in the general diary have been made in relation to his contact with the intelligence agency of Pakistan i.e. FIEU and with the help of the aforesaid agency the detenu was smuggling narcotic drugs and arms. The detenu was also extending financial help to his collaborators and through them he was sending smuggled goods to Delhi, Bombay and Jaipur etc. Ground No. 3 is in respect of some historysheet said to have been opened against the detenu in police station Nachna and according to the history-sheet the detenu was involved in smuggling the goods, mainly of narcotic drugs and is also a source of Pakistan intelligence agency and the detenu was also smuggling arms and secret Indian informations were being sent to Pakistan through the spies and smugglers. Ground No.4 recites that in the village crime book of village Ghantiyali the various officers have made entries to the effect that the detenu involving himself in smuggling of narcotic drags and was in contact with Pakistan Intelligency Agency i.e. FIEU and was also making available secret Indian informations to Pak spies and was also extending help to Pak Nationals and the activities of the detenu were against the security of the State. Ground No.5 is in respect of some secret informations with the intelligence branch of CID(BI) of Distr. Jaisalmer in accordance with which the detenu was involved in smuggling of narcotic drugs and in passing secret Indian informations to Pakistan and he was also in contact with Pak Nationals and their intelligence agencies. The detenu was also harbouring those who entered India illegally. Ground No. 6 is in respect of some informations being kept by Military Intelligence and BSF intelligence.