SHAIKH SHOEB SHAIKH MOHAMEDALI Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD Mr. Maqsood Khan for the petitioner, Mr. H. V. Mehta for Union of India-respondent Nos. 1 and 2 and Mr. B. R. Patil, Acting PP for the State-respondent Nos. 3 and 4.

(2.) AFFIDAVIT of the respondents is not filed even though the rule was made returnable after eight weeks on 10-5-2002. Mr. H. V. Mehta requests for further time. We reject his prayer because the co-detenu placed in similar situation had filed writ petition before this Court bearing Writ Petition No. 1615 of 2001 and the Division Bench of this Court by an order dated 24-4-2002 quashed detention order on the ground that there was no material before the Detaining Authority to come to the conclusion that the detenu was likely to be released on bail or there was imminent possibility of his release on bail. The above judgment in that case was based on the judgment of the Supreme Court reported in 2001 (1) L. J. 401 (Amritlal and others v. Union Government, Ministry of Finance and others)

(3.) MR. Maqsood Khan pointed out that in the instant case the detenu had not even applied for bail and considering this fact coupled with the statement of the detenu recorded under section 67 of the N. D. P. S. Act and the view of the Supreme Court referred to above there was no possibility of the detenu being released on bail in the said case. Mr. Maqsood Khan took us through the grounds of detention wherein the role and involvement of the detenu from the material collected against him and from his statement under section 67 of the N. D. P. S. Act was pointed out showing no possibility of detenu getting bail.