RAFIQ MOHAMMAD Vs. UNION OF INDIA

JUDGEMENT

(1.) By this petition under Art.226 of the Constitution of India, the petitioner who is the brother of detenu Saleem, has sought quashing of the order of detention dt. 8th July, 1988 (Annexure-'F') passed by the detaining authority, the Joint Secretary to the Government of India, under S.3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Ordinance, 1988 (7 of 1988) (hereinafter referred to as 'the Ordinance') whereby the detenu has been detained and kept in custody in the Central Jail., Indore and has prayed that the detenu be set at liberty.

(2.) On 9th June 1988 acting on prior information, the officers of the Central Narcotics Control Bureau and the Police kept a watch over M/s. Saleem Auto Garage, South Tukoganj, Indore and detected one Rameshchandra Patel handing over a raxine foam bag to the detenu Saleem, the owner of the garage. Another hand bag was found retained by Rameshchandra Patel. The search of the two bags by the officers resulted in the recovery of one kilogram of morphine (500 gms from each of the bags). The morphine was seized under S.8 read with S.21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'Narcotic Act') and Saleem Mohammed, the detenu was arrested. In connection with the investigation, statements under S.67 of the Narcotic Act of Mohd. Saleem and Ramesh Chandra Patel were recorded. as per Annexure-'B' and Annexure-'C' respectively. An application for bail was moved on behalf of the detenu before the 5th Additional Judge to the Court of Sessions Judge, Indore which was heard and rejected on 24-6-1988. No challan was, however, filed in Court.

(3.) The order of detention dt. 8th July, 1988 (Annexure-'F') was passed by the detaining authority under S.3(1) of the Ordinance and the detenu was served with the order of detention along with the grounds of detention through the Superintendent Central Jail, Indore where the detenu was already lodged.