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1990 Supreme(SC) 292

K.JAYACHANDRA REDDY, S.R.PANDIAN
Gazi Khan Alias Chotia – Appellant
Versus
State Of Rajasthan – Respondent


Advocates:
Chandmal Lodha, D.Bhandari, I.MAKVANA, M.N.SHROFF, MANOJ PRASAD, PALLAV SHISHODIA, S.C.GUPTA, SANDIP MEHTA

Judgment

S. RATNAVEL PANDIAN, J.:- This appeal by grant of special leave is directed against the order of the High Court of Rajasthan at Jodhpur in Habeas Corpus No. 2866/1989 dismissing the writ petition filed by the detenu Gazi Khan alias Chotia.

2. The order of detention dated 30-5-1989 under challenge has been passed by the Administrative Secretary and Commissioner, Home Department, State of Rajasthan in exercise of powers under Sec. 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1989  (for short the Act) on reaching his subjective satisfaction that the detenu has been involved in illegal business of smuggled charas and heroin and other psychotropic substances.

3. The relevant facts as set out in the grounds of detention giving rise to this appeal may be recapitulated as follows:

The detenu Gazi Khan alias Chotia was actively involved in illegal and objectionable activities by organising a group of smugglers and financing them in the activities of smuggling without directly involving himself in such activities. However, the police of Jaisalmer has opened a history sheet showing the indirect involvement of the detenu in such smuggling ac








































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