ZAIBUNNISA MUTTALIB ALI KHANSONDE Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD Mr. Khan for the Petitioner and Mr. Satpute, Central Government Counsel, for respondent Nos. 1 to 3. Mr. Mhaispurkar, A. P. P. appears for respondent No. 4.

(2.) THIS petition seeks to challenge the order dated 25/01/1996 passed by respondent No. 2 detaining the petitioner under s. 3 (1) of the prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances act, 1988 (hereinafter referred to as "p. I. T. N. D. P. S. Act" for short ). The petition is filed by the wife of the detenu. The petitioner was arrested at the mumbai Airport on 28/06/1995 on way to Canada. It was alleged against him that he was a conduit for dealing in narcotic drugs and psychotropic substances. When he was in Judicial custody after this arrest, the impugned order dated 25/01/1996 came to be passed under s. 3 (1) of the P. I. T. N. D. P. S. Act which was served on the petitioner on 30th January, 1996. The petitioner all throughout remained in custody during this period of detention. He never applied for any bail and ultimately the release order was issued on 29/01/1997. It is further material to note that as far as his prosecution in the special case under the N. D. P. S. Act is concerned, he was acquitted on 17/10/1997. It is only thereafter that he was released.

(3.) THIS petition is filed much later in September, 2000. It is essentially for a declaration that this detention was bad and Mr. Khan is fair enough to state that the petition is filed principally for this declaration since a detention order would lead to further consequences such as forfeiture of the property derived from or used in illicit traffic under s. 68-A of the N. D. P. S. Act, 1985.