Possibility of detenu being released on bail cannot be ruled out.

E.Padmanabhan, J: All the above four habeas corpus petitions have been filed by one Ranjith Thamel, a Srilankan Citizen claiming to be the friend of the detenus (i) J.Kamal Roy, (ii) K.Chandrakumara, (iii) L.H.Karuna Bala, and (iv) H.M.Nilame respectively. All the four detenus were ordered to be detained by the respondent herein under Sec.3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 by individual order dated 7th January, 2000 as the Detaining Authority arrived at the subjective satisfaction that the detenus in each case had knowingly engaged himself in the illicit traffic in narcotic drugs and that the detenu has to be detained with a view to prevent him from engaging in the possession and transportation of narcotic drugs in future.

2. This Court admitted the four habeas corpus petitions on 4.7.2000 and the respondent had been served, the respondent had also entered appearance and filed its counter.

3. Heard Mr.R.Rajarathinam, learned counsel appearing for the petitioner in all the habeas Corpus petitions and Mr.Su.Srinivasan, Additional Central Government Standing Counsel appearing for the respondent in all the habeas corpus petitions. On the orders from the Court Mr.V.T.Gopalan, learned Additional Solicitor General appeared for the respondents and made elaborate submissions.

4. Though separate orders of detention were passed by the Detaining Authority, in effect all the four petitioners have engaged themselves in one and the same illegal trafficking in heroin. The petitioners is also raising identical contentions excepting there being difference excepting the detenue L.H.Karuna Bala, for whose benefit one the habeas corpus petition has been filed and in all other respects the contentions are identical and all the four habeas corpus petitions could be disposed of by a common order. The difference between the detenu Karuna Bala vis-a-vis other detenus will be referred at the appropriate stage.

I. Petitioner’s case

5. The common case of the petitioner could be summarised briefly as seen from the order of detention and also as set out in the counter.

6. On 20th October, 1999, the Officers of the Tuticorin Customs Preventive Unit conducted sea patrol and shore patrol, on specific information that Srilankan fishing launch would come to Kayalpattinam Tiruchendur Sea area to smuggle Narcotics Drugs which would be loaded by one Meeran, a law graduate of Kayalpattinam and the said smuggling act would be done near Kayalpattinam old customs building. On 21.10.99 at about 3.00 hrs in the early morning, a Srilankan fishing launch came to the sea shore and the said Officers who conducted sea patrol rushed towards it and on seeing the patrol boat, the Srilankan fishing launch turned back and rushed towards the mid sea. Since the fishing launch ignored the signals issued by the Officers they opened six rounds of fire in the air and apprehended the launch.

7. The Preventive Unit Officers entered the launch and noticed the presence of four Srilankans and three bags found in the launch. On a further search of the sea shore, the Officers found one bag at the shore. The persons who came to load the goods escaped under the cover of darkness. The said Officers brought the goods, launch and the four persons to the Tuticorin old Harbour Customs Port Jetty for searching the fishing launch named “Salucha Sandi” which was towed by Customs Patrol Boat. In the presence of independent witnesses the said launch was searched. The names of the four persons present were ascertained. The bags were found in the Srilankan Fishing Boat along with four old fishing nets. The Officer took the four bags and four fishing nets to their office for further investigation alongwith four Srilankans and independent witnesses. All the four bags were opened. Out of which three bags contained three packets each and fourth bag contained two packets. The packets were found to be wrapped by cello tape and cloth and brown colour powder w

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