MOHAMMAD JAVED ABDUL AZIZ SHAIKH Vs. D K JAIN PRINCIPAL SECRETARY PREVENTIVE DETENTION TO THE GOVERNMENT OF MAHARASHTRA HOME DEPARTMENT

JUDGEMENT

(1.) BY this petition under Article 226 of the Constitution of India, the petitioner-detenu takes exception to the detention order dated October 23, 1992 passed against him by the Principal Secretary (Preventive Detention) to the Government of Maharashtra, Home Department and the detaining authority (first respondent) under sub-section (1) of section 3 of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 with a view to preventing him from engaging in illicit traffic of Narcotic Drugs.

(2.) THE grounds of detention on which the detaining authority relied are, shortly stated, that on 2-7-1991 at about 6. 00 a. m. , information was received that four persons, including the petitioner, were likely to make a transaction on 2-7-1991 at about 8. 45 a. m. to 9. 45 a. m. in the vicinity of an open place situate between Saifee Masjeed and Wanzara Compound along M. E. Sarang Marg, Dongri, Bombay-400 009 about narcotic drugs. A trap was, therefore, arranged. At 9. 15 a. m. , it was alleged, the petitioner went from Sadakat Manzil situated on the same M. E. Sarang Marg with a cloth bag containing some heavy material. After about 5 minutes three associates of the petitioner approached him. They had some discussion. Thereafter the petitioner took out three small polythene bags and handed over one each to three of his associates. It is at that point of time that police surrounded and apprehended them. The result of this raid revealed that the polythene bag contained in all 03. 800 Kg. of Hashish and a personal search of the petitioner resulted into recovery of Rs. 12,000/ -. A cash of Rs. 6,000/- was also found in the shirt pocket of the petitioner. The contraband and money were taken charge of under a panchanama. The three associates of the petitioner were also found in possession of 500 grams of charas and cash of Rs. 100/-, 50/- and Rs. 20/- respectively on their person. On further interrogation of the petitioner he made a voluntary statement that he had some more charas kept at Room No. 12, Zahid Manzil, M. E. Sarang Marg at Dongri and led the police there from where 30. 400 Kgs. of hashish, weighing instruments and cash of Rs. 2,81,850/- were recovered. The petitioner was then brought to the Borivali unit of the Narcotic Cell and an offence punishable under section 8 (c) read with sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 was registered against him and his associates. Further contraband of 31. 900 Kgs. of hashish valued at Rs. 3,82,000/- and a cash amount of Rs. 3,00,020/- were recovered with the arrest of the petitioner and his three associates. The petitioners statement was recorded wherein he admitted that his father was conducting business in Narcotic Drugs viz. ganja and after his death he took over the business and for the last about 4-5 years he was conducting narcotic activities at the open place between Saifee Masjeed and Wanjara compound along M. E. Sarang Marg with the help of his associates. One Khurshid from Kashmir and another person by name Thakur were supplying the narcotic drugs.

(3.) THE petitioner, in this writ petition, raised various contentions in order to challenge the detention order passed against him. However, Ms. Vidya Kasle, learned Counsel appearing on his behalf, urged before us only two grounds for quashing the detention order. Firstly she urged that there was inordinate delay in issuing the order of detention after the arrest of the petitioner which delay has not been explained and as such the live link between the alleged illegal activity and the detention order was snapped. Secondly she contended that there was once again unexplained inordinate delay in execution of the detention order. We find substance in both the arguments of Ms. Kasle.