UJAGAR SINGH,J - (1.) THE petitioner challenged the detention order dated 17.11.1988 (Annexure P-1), grounds of detention (Annexure P-2) and the confirmation order dated 10.3.1989 on various grounds.
(2.) THE detention order Annexure P-1 refers to the petitioner indulging in smuggling goods and engaging in transporting, concealing or keeping smuggled goods and on account of such activities, the petitioner had been directed to be detained under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 vide order dated 31.8.1988 and was lodged in the Central jail, Ferozepur. This order was later on revoked vide order dated 17.11.1988 on which date Annexure P-1 had been passed on the ground that the petitioner had been engaging in concealment and import into India of narcotic drugs and on account of these activities, his detention has been considered to be necessary with a view to preventing him from further acting in the aforesaid manner in future. The order further says that the petitioner is already in custody and has been taking steps to get himself released from the custody, as per information from reliable resource and there was every likelihood of his being released from custody. The order further mentions that in the event of his release from the custody, the detenu is likely to resume the said activities and thus, there is compelling necessity to pass this order. The grounds of detention of the petitioner remain the same, as in Annexure P-2. One of the grounds is that probably from the month of April, 1987 to May, 1987, the detenu prepared Khazan Singh and some others to act as carriers at the asking of Puran Singh and one Mukhtiar Singh for smuggling Heroin from Pakistan. The second ground is that on 24.1.1988 said Mukhtiar Singh and Puran Singh came to his house and asked him to accompany them to Pakistan for which he would be paid Rs. 2,000/- per trip. After some hesitation, the detenu agreed and on 25.1.1988 at about 9 p.m., Mukhtiar Singh and Puran Singh came to his house and at that time, the three of them crossed over to Pakistan at about 10 p.m., and reached the house of Nathu of village Noom Bhaini, PS Mandi Hira Singh, District Kasur. The detenu was introduced to Nathu and thereafter, Mukhtiar Singh had some talk with Nathu and handed over the bag containing Indian currency to him, who, in return, handed over 2 small bags, each containing 15 packets of Heroin. One bag out of them was given to the detenu and the second to Puran Singh with a promise to pay Rs. 2,000/- to the detenu. On the next day, Mukhtiar Singh and Puran Singh came to detenu's house and he handed over the bags to Mukhtiar Singh and paid Rs. 2,000/-.
(3.) THE third ground for detention is that on 22.2.1988 at about 8 p.m. again, Mukhtiar Singh and Puran Singh came to his house and had a similar talk and on the next day, i.e. 23.2.1988 to about 9 p.m., both of them came to the detenu's house and thereafter, all the three of them crossed over to Pakistan; met the aforesaid Nathu Muslim who gave 10 packets of Heroin to Mukhtiar Singh in 2 bags, one was given to the detenu and the other to Puran Singh. Thereafter these bags were handed over to Mukhtiar Singh and the detenu was paid Rs. 2,000/-. On 1.3.1988 the detenu presented himself before Jalalabad Police and he was arrested in First Information Report 48 dated 14.2.1988, under Sections 411/416 etc. of the IPC.;