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| HC quashes detention order of alleged trans- border smuggler | | | Jammu, March 10
Justice YP Nargotra of J &K High Court Jammu wing in a habeas corpus petition filed by Lal Chand, an alleged notorious trans-border smuggler of heroin, who was detained under J&K Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, passed by Divisional Commissioner Jammu on August 17, 2006, quashed the detention order.
After hearing Sr. Advocate DN Pangotra appearing for the petitioner and Additional Advocate General Mr. BS Salathia appearing for the State,Justice Nargotra observed that the principle contention of the Adv Pangotra that the petitioner on August 17, 2006, the date on which detention order was passed, was in the custody of the police. However, the detaining authority without showing his awareness to the fact ordered the detention. According to him there is nothing in the detention order or in the grounds of detention to indicate that the detaining authority was aware of the fact that the petitioner was already in custody of the police and there was any likelihood of his release on bail. The detention order is bad in the law and consequent detention of the petitioner is illegal. On the other hand AAG submitted that the detaining authority was fully aware of the said fact. Simply because it has not been so mentioned in the grounds of detention, the detention order cannot affect the legal validity of the detention order.
After referring various judgments of the Supreme Court, Justice YP Nargotra said that the contention of Advocate Pangotra that the impugned detention order is bad in law is well founded and accepting the same, it is held that detention order is bad in law and the detention of the detenu is illegal and the detention order passed by Divisional Commissioner is against petitioner is quashed and the detenu is directed to be released from preventive custody, if he is not required in any other case.
According to the police case that petitioner, stated to be an alleged notorious trans-border smuggler, was apprehended by the Army after he infiltrated to India from the border with seven packets of heroine and was arrested under FIR No 22/2006 u/s 8, 21, 23 of NDPS Act in P/S Khour. He was interrogated in joint interrogation centre Jammu and during the investigation, the involvement of other persons Sanjeev and Vivek into various acts of smuggling of Narcotic Drugs and Psychotropic Substances was found established. On this basis, the Divisional Commissioner Jammu passed detention order of petitioner under J&K Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Acts, which was challenged by the petitioner and Court quashed the same
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