Ashok Agarwal, J. - (1.) BY the present Habeas Corpus petition, the petitioner seeks to impugn the order of detention dated 24th November, 1994 bearing No.SPL. 3(A)/PND-0194/77 passed by Shri C.D.Singh, Secretary to the Government of Maharashtra (Preventive Detention) Home Department, in his capacity as an Officer specially empowered. The order of detention is issued under sub-section (1) of section 3 of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (46 of 1988). The order of detention and the consequent detention of the petitioner is impugned in the present petition.
(2.) THE incident which has led to the issuance of the aforesaid order of detention, occurred on or about 6th and 9th June 1994. The Officers of the Directorate of Revenue Intelligence on information that some packages had arrived from New Delhi on 6th June, 1994 at Godown No.6, 1st Plank Road, Near Economic Transport, Chinchbunder, Dongri, Bombay rushed to the said Godown and enquired with the person available there whether he had received any packages from New Delhi that morning which were weighing around 500 kgs to which Jitendra Kamble, godown keeper, pointed out five wooden boxes wrapped in gunny cloth which were lying near the counter having marking BMY 165290/5 on the gunny cloth. The officers marked the wooden boxes as Sr.No.1 to 5. The boxes were then opened in the presence of Panchas and each box was found to contain two HDPE bags. Each HDPE bag was found to contain 50 polythene packets having grey brown tablets with markings 'M' on one side and "Swastik" on the other side. The officers took samples from each HDPE bag and tested the same with field testing kit which answered positive for the presence of Methaqulone which is banned under the provisions of NDPS Act, 1985 The officers weighed the polythene bags. Each Polythene bag weighed about 750 grams that is, each HDPE bag contained 37.500 kgs. tablets (approx.). In total there were 375 kgs. (approx.) of Methaqualone packed in ten HDPE bags. The officers took out 150 tablets weighing 100 grams (approx.) as 10 samples in duplicate from the said HDPE bags. They seized all the Mandrax tablets valued at Rs. 37,49,000.00 after taking out sample tablets. The sample tablets were certified by the Deputy Chief Chemist to contain Methaqualone. Since the address of consignee of the said consignment was found to be fictitious the officers kept a watch near the transport office from 6th June,1994 onwards to apprehend the person who would come to clear the consignment. On 9th June, 1994 two persons namely Rajanikant Chunilal Shah and Jaswant Babulal Doshi visited the godown to clear the aforesaid consignment. The statements of the said Rajanikant Chunilal Shah and Jaswant Babulal Doshi were recorded on 9th June, 1994. In his statement Rajanikant Chunilal Shah interalia stated that he knows the petitioner since last 8 to 9 years as the petitioner was supplying hardware to M/s.Rihal Engineers; that yesterday i.e. on 8th June, 1994 the petitioner phoned his house at about 10.00 a.m. and informed him that his i.e. petitioner's goods were to be received from a transport company in Bombay and that he had no time that day as he had to go to Bombay early. The petitioner asked him to receive it on the next day i.e. on 9th June, 1994. The petitioner gave him the lorry receipt and money to take delivery of the goods and a chit of the address where the goods were to be delivered after taking delivery from the transport godown. The petitioner gave him Rs.1020.00 for receiving the goods from the transport godown. Rajnikant with his friend J.B.Doshi fixed a hand-cart for taking delivery of the goods from the transport godown. After taking the delivery of the abovesaid consignment the hand-cart owner was to deliver the same at Meera Transport Company. He received gate pass No.8543 dated 9th June,1994 after paying the freight charges at the transport Company. He also received Octroi form 'B' for Rs.172.00 and invoice No.93 dated 30th May,1994 of M/s. Golden Trading Company, Delhi-6. All these papers were in the name of the Mathuradas and Company. Enquiries revealed that M/s. Mathuradas and Co. Bombay was a fictitious firm.
(3.) ON 10th June, 1994, the petitioner's statement was recorded under section 67 of the NDPS Act, 1985 in which he interalia stated that he came in contact with one Sheriff Khan in 1990-1991 when he was running a small workshop in his compound for a period of six months. The petitioner was getting a sum of Rs.5000.00 from Shariff Khan as montly compensation and that Shariff Khan was manufacturing some chemical very secretly in the said workshop. Shariff Khan alongwith his brothers Shah-e-Alam Khan and Matin Khan visited the petitioner on 6th June,1994 and gave the petitioner a consignment note covering the five packages for taking delivery from the transport godown. Since the petitioner was busy he asked Rajnikant Shah to collect the said consignment from the transport godown covered under lorry receipt (consignment Note) No.165290 dated 30-5-1994 on his behalf. The aforesaid lorry receipt covering the dispatch of five packages containing 375 kgs. of Mandrax tablets were given to the petitioner by Mohamed Shariff Khan knowing that the five packages were containing Mandrax tablets. Further statements of accused involving in the offence were recorded and several premises were searched. As far as the petitioner is concerned he was arrested on 10th June, 1994 and was produced before the holiday Magistrate, Esplanade, Bombay on 11th June, 1994 who remanded him to judicial custody till 24th June,1994. On 24th June,1994, the case was committed before the Special Court, Bombay, who remanded the petitioner to judicial custody till 7th July, 1994 and the same was extended from time to time. On 16th July,1994 the petitioner filed an application for bail and the same came to be rejected by a judgment and order passed on 10th October,1994. The charge-sheet has been filed in the Special NDPS Court.;