MEER KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Jaggu Khan is the detenu who has been detained under Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter to be referred as COFEPOSA). The detention order was passed on 8.12.1988, but the detenu was actually detained only on 3.3.1992. This habeas corpus petition has been preferred by his brother on several grounds.

(2.) Before coming to them we may look into the facts and grounds on which detention order has been passed. On 12.9.1988 an official of the Customs Department Barmer and LB. Police apprehended a Nisan Truck bearing No. RJC 4456 on the Barmer Harsain route 3 kms from Village Bhadres. When the truck came to a halt one person wearing tahmatt got down from the truck and ran away and could not be caught. The driver of the truck gave out his own name as Bahktaram and he stated that the person who had run away was Jaggu Khan son of Hotti Khan resident of Village Mapuri. The vehicle was searched and above the driver seat in the cabin, there was a plate fixed with nuts and bolts and on removing this plate, 228 sliver slabs weighing 194.300 kgs. and two cloth bags were found. These bags were found to contain 2 kgs. heroin. Attempts to catch Jaggu Khan were not successful. The details were placed before the Home Commissioner and on 8.12.1988 the detention order, Annexure was passed. The details of the grounds on which detention order Annexure I is based is Annexure 2.

(3.) A regular complaint about the case was lodged in the Court of Munsif and Judicial Magistrate, Barmer.