RAMNIWAS Vs. UNION OF INDIA

JUDGEMENT

(1.) The order of detention dated 7th May 1997. (Annexure-'P/1'), passed by Joint Secretary to the Government of India under Section 3(1) of the Prevention of Illicit Traffic and Narcotic Drugs and Psychotropic Substances Act, 1988, (for short the Act) Tropic Substances Act, 1988, (for short the Act), against Ramniwas (detenu) with a view to preventing him from engaging in purchase, possession him from engaging in purchase, possession, concealment, transportation and illicit sale of narcotic drugs, is impugned in this Writ Petition under Article 226 of the Constitution of India seeking issuance of writ of Habeas Corpus.

(2.) Facts lie in narrow compass an intelligence was collected by the officers of Central Bureau of Narcotics Neemuch on 19-11-1996, that the detenu has kept contraband opium in his Bada and is likely to dispose of the same to the smugglers. Pursuant Of his information, party of C.B.N. searched the premised of the said Bada of the detenu in the early hours of 19-11-1996. On search recovery of 13.300 kgs. Of contraband opium was properly effected. It was concealed in canvas bag, packed in yellow coloured Urea bag and was kept hidden in the bushes on the right hand side Bata. The officers also found one Yamaha motor cycle bearing registration number MIU/6785, in the Bada. On enquiry, the detenu disclosed that the vehicle was registered in his name. Some drops of this vehicle. The vehicle was also seized under Section 60(3) of the NDPS Act, 1985. A case was also registered against the detenu under Sections 8/18 and 8/29 of the NDPS Act, 1985. The detenu was arrested. He was produced before the Judicial Magistrate who remanded him to judicial custody. The detenu made inculpatory statements on 19-11-1996 and 20-11-1996. The applications for bail were rejected by the Sessions judge and thereafter by High Court. A sample was seized and sent to Chemical Analysis. The report confirmed this substance to be opium. The aforesaid authority with a view to preventing the detenu, passed the order of detention (Annexure p/1). The grounds dated 7-5-1997, (Annexure P12) were communicated to the detenu. The detenu submitted the representation (Annexure P/3) to the appropriate authority. The order of detention (Annexure P/1) is impugned in this writ petition.

(3.) The have respondents have filed the return in oppugnation stating that the order of detention was passed in conformity with law after due application of mind to the relevant material.