RESHMA SUDHAKAR HEGDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE 2nd Respondent - the Detaining Authority vide his order dated January 31, 1992, detained one Sudhakar Sanjeev Hegde, under section 3 (1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (hereinafter the Act), with a view to preventing him from engaging in illicit traffic of psychotropic substances. It is this order which is sought to be challenged by Smt. Reshma Sudhakar Hegde, wife of the detenu in this writ petition under Article 226 of the Constitution of India.

(2.) IN view of the formidable contentions raised on behalf of the petitioner as regards subjective satisfaction of the Detaining Authority in issuing detention order, it is not necessary to set out in detail, the grounds of detention. Suffice it to state that Customs Officers on the basis of the secret information received raided the premises on 19. 9. 1991 and recovered some documents. During investigation, and interrogation of Amjad Hussain Khan, it was discovered that he was packing grams and Mandrax tablets in the gunny bags and drums. There were in all 54 gunny bags and 8 drums having markings Sudarshan Inner Price, GIDE (Vapi), Gujarat, were seized. These Mandrax tables were weighing about 1735. 59 Kgs. valued at Rs. 1,73,55,400/- and they were seized, under a bonafide belief that they were liable to confiscation under the provisions of the N. D. P. S. Act, 1985. The present detenu was involved in this incident as an accused along with several others including on Khalid Hussein Mohammed Hussen Ghaswala and Premnath Chandya Shetty Moham med Asif Shaikh.

(3.) IT may be stated that Premnath Shetty Asif Shaikh was also detained pursuant to the detention order dated 31st January 1992 issued under section 3 (1) of the Act. Smt. Ayesh Shaikh wife of detenu filed Criminal Writ Petition No. 55 of 1992 in the High Court Bench at Aurangabad, challenging the legality and correctness of the detention order passed against her husband. Similarly, one Smt. Ruksana Khalid Hussain Ghaswala, wife of Khalid Hussein Mohammed Hussein Ghaswala, who was also detained pursuant to the order dated 31st January 1992 under section 3 (1) of the Act, had filed writ petition in the High Court Bench at Nagpur being Criminal Writ Petition No. 38 of 1992. Both these Criminal Writ Petitions were allowed by the respective Benches and reference to the said judgments will be made at the appropriate place.