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2000 Supreme(Cal) 136
High Court Of Calcutta
S. B. SINHA, MAHEMMAD HABEEB SHAMS ANSARI
JAMAT ALI MONDAL ALIAS MEGO ALIAS TAPAN DAS - Appellant
Versus
UNION OF INDIA - Respondent
W. P. 15128 Of 1999
Decided On : 03/15/2000
ASHIM ROY, HARE KRISHNA HAIDER, JAYMALYA BAGCHI, P.R.PATRANABISH, PRADIP GHOSH, S.SENGUPTA, SANDIP GANGULY, SATYABRATA CHAKRABORTY
The detaining authority is not only obliged to supply such documents, whereupon reliance has been placed by him and which would have a nexus with the right of the detenu to file effective representation, such documents must be complete in all regards and must also be legible.
Headnote:
ILLEGITIMATE TRAFFIC IN NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985 - SECTION 3(1) - SECTION 3(3) - SECTION 14 - ORDER OF DETENTION - DOCUMENTS SUPPLIED TO THE DETENU - TRANSLATED COPY OF DOCUMENTS - LANGUAGE KNOWN TO THE DETENU - REPRESENTATION AGAINST ORDER OF DETENTION - EFFECTIVE REPRESENTATION - BENGALI VERSION OF DOCUMENTS NOT SUPPLIED - ORDER OF DETENTION QUASHED.
Fact of the Case:
The petitioner was arrested by the Detective Department, Calcutta Police on an allegation that he was carrying cash of Rs. 35,300/- in Case No. 18 dated 24.1.97 under section 21/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The petitioner was granted bail on 8.8.97. According to the petitioner, he and his wife were arrested from their house at Dum Dum by the Narcotic Control Bureau on 8.11.98 and as they were not produced before an appropriate Court, they filed two applications on 9.11.98 and 11.11.98 one before the learned 12th Additional District and Sessions Judge, Alipore and another before the learned Special Judge, whereupon the learned Special Judge made an order on 9.11.98 directing that a proper application be made before a proper forum. The petitioner in connection with the earlier cases was to appear before the learned Special Judge at Alipore on 11.11.98 and on that date again an application was filed stating that he had already been arrested by the police and therefore, was unable to appear. On 12.11.98 the petitioner was produced in connection with N.D.P.S. Case No. 42 of 1998 and he was released on bail on 8.1.99 by the learned City Sessions Court acting as Special Judge. The petitioner had appeared before the said Court on 21.1.99. Admittedly, an application for cancellation of bail in terms of section 439(2) of the Code of Criminal Procedure is pending consideration before this Court.
Finding of the Court:
The order of detention cannot be sustained as it is well settled that history of liberty is history of procedural safeguard.
Issues: Whether the order of detention is valid when the translated copy of documents in a language known to the detenu was not supplied.
Ratio Decidendi: The documents are required to be supplied in a language which the detenu would be able to follow. Supply of such documents must be made irrespective of the fact that the detunu is aware of the contents thereof.
Final Decision: The order of detention dated 16.6.99 passed by the respondent No. 2 is quashed and the petitioner is directed to be set at liberty forthwith.
( 1 ) THIS application for issuance of a writ of or in the nature of Habeas Corpus has been filed for quashing of an order of detention dated 16. 6. 99 passed by the Joint Secretary to the Government of India, Ministry of Finance Department of Revenue in terms of provisions of section 3 (1) of the Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to for the sake of brevity as the 'said Act' ).
( 2 ) BEFORE considering the matter on merit, we may refer to the following chronological events.
( 3 ) THE petitioner was arrested by the Detective Department, Calcutta Police on an allegation that he was carrying cash of Rs. 35,300/- in Case No. 18 dated 24. 1. 97 under section 21/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The petitioner was granted bail on 8. 8. 97. According to the petitioner, he and his wife was arrested from their house at Dum Dum by the Narcotic Control Bureau on 8. 11. 98 and as they were not produced before an appropriate Court, they filed two applications on 9. 11. 98 and 11. 11. 98 one before the learned 12th Additional District and Sessions Judge, Alipore and another before the learned Special Judge, whereupon the learned Special Judge made an order on 9. 11. 98 directing that a proper application be made before a proper forum. The petitioner in connection with the earlier cases was to appear before the learned Special Judge at Alipore on 11. 11. 98 and on that date again an application was filed stating that he had already been arrested by the police and therefore, was unable to appear. On 12. 11. 98 the petitioner was produced in connection with N. D. P. S. Case No. 42 of 1998 and he was released on bail on 8. 1. 99 by the learned City Sessions Court acting as Special Judge. The petitioner had appear before the said Court on 21. 1. 99. Admittedly, an application for cancellation of bail in terms of section 439 (2) of the Code of Criminal Procedure is pending consideration before this Court. The Zonal Director, attached to the Directorate General, Narcotic Control Bureau made a proposal on 26. 2. 99 for the detention of the petitioner, inter alia, stating, "please find enclosed a proposal in ten sets for detention of Jamat Ali Mondal @ Tapan Das @ Mejo, who was arrested with 1 kg. of Heroin on 11. 11. 98 on Strand Road, Calcutta, opposite to the office of Shipping Corporation of India, Calcutta. The proposal contains a compendium, history sheet and information under specific proforma. The proposed under-detenu is at present on bail. In earlier occasion also, he managed to get bail in the another case of 2. 4 kgs. of heroin booked by Calcutta Police. It is, therefore, necessary to detain him under PITNDPS Act in order to prevent him from illicit trafficking in narcotic drugs. There is every possibility of his absconding. Along with the said letter information in specific pro forma had been given wherein it was alleged, "persuant to a specific information, officers of NCB, Calcutta seized 1 kg. Heroin recovered from the side box of black coloured YAMAHA motorcycle bearing No. WB-01-L-4175 of Jamat Ali Mondal. The above Jamat Ali Mondal was intercepted on Strand Road opposite to Shipping Corporation and search was conducted by I. O. , of NCB in presence of Gazetted Officer and two independent witnesses on the spot. Sri Jamat Ali Mondal in his voluntary statement confessed the recovery of Heroin from his possession??? In his written statement, he confessed that, he was engaged in this business from five years back-14. Language or script known to the proposed detenu Bengali-15. Jail, where to be detained, if so, accepted: Presidency Jail, Alipore Calcutta (W. B.)"
( 4 ) THE authority issued the order of detention on 16. 6. 99 which was served upon the petitioner on 2. 7. 99. On 3rd July, 1999, the petitioner had again filed an application stating that he had been arrested without assigning any reason. A similar application was aga
