ABDUL REHMAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Abdul Rehiman, who was detained under the provisions of Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 has filed special leave petitions against the two judgments of the Bombay High court rejecting the writ petitions filed by him seeking the quashing of the detention order. A writ petition has also been filed by the petitioner questioning the detention and the subsequent declaration made by the authorities under Section 10 of the Act.

(2.) The detenu was arrested on 27/6/1991 on the ground that he was in possession of 2 kgs of heroin and made a confession regarding the possession of the same. On 28/6/1991, the petitioner made an application before the Chief metropolitan Magistrate alleging that he was falsely implicated. However, the charge-sheet was filed and on 14/8/1991 ultimately the High court released him on bail. On 10/8/1991, the Narcotics Department sent a proposal for detention of the petitioner to the Screening Committee and on 4/11/1991, the Detaining authority rejected the proposal for detention.

(3.) Then, it is alleged that on 18/11/1991, the Sub-Inspector visited the flat of the petitioner and recorded the statement of his gardener and watchman and came to know that the petitioner is continuously absent. Being satisfied that the detenu was renewing his old contacts while on bail, a fresh proposal fordetention was made and detention order was passed on 6/12/1991. The detention order. was served and a reference was made to the Advisory Board. The detenu also made a representation about the detention which was confirmed by the government. Further, on 13/3/1992, a declaration to this effect was made by an authorised officer of the central government under Section 10 of the Act. The subsequent representations made by the detenu were rejected by both the state government and the central government. On 2/3/1992, he filed a writ petition being No. 46 of 1992, but the same was dismissed by the High court on 17/6/1992. The detention was confirmed on 17/7/1992 and questioning the same another writ petition being No. 137 of 1992 was filed but the same was also dismissed by the High court. Two special leave petitions have been filed in this court against the said two judgments. The writ petition has been directly filed in this court questioning the detention and the declaration made under section 10 of the Act.