HALIMA NOOR MOHD GANDHI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE present petition is filed by the mother of the detenu challenging the order passed by the respondent No. 2 viz. , Shri C. D. Singh, Secretary to the Government of Maharashtra (preventive Detention), Home Department (Special) dated 5. 11. 1993 wherein the said order of detention was passed under Sub-section (1) of Section 3 of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (46 of 1988 ). The grounds of detention dated 5. 11. 1993 were also duly furnished along with the order of detention to the detenu and the said order and grounds of detention were served on the detenu on 6. 11. 1993. By virtue of the committal order passed by the respondent No. 2, the detenu was kept under detention. Respondent No. 2 had while passing the impugned order dated 5. 11. 1993 had taken into consideration the material placed before him and while arriving at satisfaction he had considered the said material and also the statement of the detenu recorded by the authority. The Detaining Authority had recorded the satisfaction from the material and while reaching the said satisfaction, the detaining Authority had observed as under: To establish your involvement in drug trafficking, some time was taken to get details from the various authorities but in view of the above, it is clear that you have been repeatedly involved in illicit traffic of Narcotic drugs and. psychotropic substances it is necessary to detain you under the P. I. T. N. D. P. S. Act, 1988, with a view to prevent you from engaging in such activities in future.

(2.) THE petitioner while challenging the order of detention passed against her son has moved this Court by way of filing petition and prayed for issuance of writ of Habeas Corpus or any other appropriate writ, order or direction quashing or setting aside the impugned order of detention bearing No. SPL 3 (A)/pnd/0193/11 dated 5. 11. 1993 issued by Shri C. D. Singh, the Secretary to the Government of Maharashtra (Preventive Detention) Home Department (Special), Mantralaya, Bombay 400 032 and prayed for releasing the detenu from detention forthwith.

(3.) WHILE entertaining the said writ petition at the time of admission as per earlier order dated 6. 12. 1993 the rule was made returnable after eight weeks and thereafter after the service of the rules on the respondents the affidavit in reply was filed by the Detaining Authority as well as the affidavit of Desk Officer attached to Home Department (Special), Mantralaya was also filed. The affidavit of Detaining Authority was also sworn in by Shri M. F. Rathod, Deputy Secretary to the Government of Maharashtra, Home Department and accordingly the matter was notified for hearing.