ABDUL RAHIMAN MOHIDDIN SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is a second petition filed under Article 226 of the Constitution of India to challenge the detention of the petitioner Abdul Rahiman s/o Mohiddin Shaikh under a detention order passed under section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (hereinafter the Act), by Respondent No. 2 on 6-12-1991 and served on the petitioner on 17-2-1992.

(2.) THE relevant facts giving rise to this petition are : On 27-6-1991 the petitioner along with one other person was apprehended on the ground of carrying 2 Kgs. of Heroin, The petitioner was arrested and subsequently he was charge-sheeted in the Court of the Sessions Judge, Bombay in Case No. 571/91. Pending the trial, petitioner was released on bail of Rs. 50,000 on 14-8-1991. Respondent No. 2 who was the then Secretary (Preventive Detention) to the Government of Maharashtra, Home Department, on the material that was placed before him by the sponsoring authority viz., the Commissioner of Police, Bombay, on 6-12-1991 passed an order of detention, ordering the detention of the petitioner in exercise of his powers conferred by sub-section (1) of Section 3 of the Act Earlier, respondent No. 2 had declined to issue a detention order against the petitioner on the material that was then placed before him and he sent back the proposal to the sponsoring authority on 4-11 1991. However, the sponsoring autho­rity again on 19-11-1991 sent a fresh proposal with additional material in the form of statement of witnesses about the non-availability of the petitioner at his both addresses in New Bombay and the respondent No. 2 after reconsi­dering the said proposal on the material including the additional material placed before him passed the detention order on 6-12-1991. After the order was served on the petitioner on 17-2-1992 in the hospital where he was taking treatment, the petitioner challenged the said detention order by a petition under Article 226 of the Constitution bearing No. 46/92 in March, 1992. The said petition was considered by this Court and it was rejected on 17-6-1992. In the meantime, Respondent No. 6 made a declaration dated 13-3-1997 under Section 10(1) of the Act declaring that the petitioner was likely to engage in illicit traffic in possession, transportation and warehousing of Narcotic Drugs within the Metropolitan City of Bombay which is an area highly vulnerable to such illicit traffic as defined in Explanation 1 to sub-section (1) of Section 10 of the Act. This declaration was served on the petitioner on 17-3-1992. On 16-4-1992 the Respondent No. 5, Government of India, rejected the representation of the petitioner against his detention under the Act. In due course, the detaining authority submitted the case of the petitioner to Advisory Board which submitted its report to the Slate Government on 6-7-1992. On receiving the report of the Advisory Board, the State Government confirmed the detention order on 17-7-1992.

(3.) ON behalf of the respondent No 1 and Respondent No. 2, a written affidavit has been filed by one Smt. N. S. Khanolkar, Deputy Secretary to Government of Maharashtra, Home Department (Special), Bombay. So far as Government of India is concerned, one Shri T. S. Sandhu has filed his affidavit by way of return to the petition.