SAFIA NAZIR SHAMSHUDDIN DAWOOD Vs. L HMINGLIANA SECRETARY PREVENTIVE DETENTION GOVERNMENT OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner here is the mother of one Ali Shamshuddin Dawood (hereinafter referred to as the said detenu). She challenges the order of detention dated October 5, 1990 passed against her son, the present detenu, in this writ petition under Article 226 of the Constitution of India.

(2.) It is not in dispute that the detention order dated October 5, 1990 and the grounds of detention of the same date were served on the detenu on October 11, 1990.

(3.) The impugned detention order was based on the allegations against the detenu that on the basis of information the officers of Narcotics Control Bureau, Bombay intercepted the detenu along with Sarwar Afzal Khan and one Mohamed Ali Hussain at Sahar Airport when the detenu was to travel from Bombay to Nairobi by Kenya Airways Flight KO 203/28-2-90 ETD 15.20 Hrs. (Rescheduled). On being asked, each of the above said persons identified two suit cases as the baggage. The detenu was then asked to produce his travel documents. He and the said two others said that they (travel documents) were with Mrs. Leila Dawood who was accompanying the detenu and was also the organiser of the trip to Nairobi. Mrs. Dawood produced the passports, air tickets, boarding passes and baggage claim tags of all the three. The claim tag numbers tallied with the tag numbers on the suit cases. All the baggages were pooled. On examination the six suitcases were found to contain Mandrax tablets (Methaqualone), a psychotropic substance concealed in false top and bottom. The tablets were bearing marking Mx on one side and R/L on the other. The officers tested one tablet from each suit case with the help of Field Testing kit and in all cases, the presence of Methaqualone was indicated. On weighment, the following quantities of tablets were found. <FRM>JUDGEMENT_610_BCR3_1991Html1.htm</FRM> Mrs. Leila Dawood, disclosed that she was the real sister of the detenu. Thereafter statements of all the three persons were recorded as also that of Leila Dawood on the basis of which the impugned detention order came to be passed by the Secretary (Preventive Detention) to the Government of Maharashtra, Home Department and detaining authority under sub-section (1) of section 3 of the Prevention of illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (46 of 1988) with a view to preventing the detenu from export from India of psychotropic substances.