IQBAL HASANALI RUPANI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) SINCE both the above petitions challenge the legality of the detention orders passed on the same day and as the detenue in both the petitions were involved in the same incident, the petitions were heard together and are being disposed of by this common Judgment.

(2.) BY means of the above habeas corpus petitions under Article 226 of the Constitution of India, the petitioners have challenged the detention orders passed under section 3 (1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988. Petitioner in Writ Petition No. 297 of 1994 is the elder brother of the detenu Shri Firoz Hasanali Rupani, while petitioner in Writ Petition No. 335 of 1994 is the mother of the detenu Shri Harmindersingh Santosksingh Dhanjal.

(3.) THE detenue in both the petitions were detained by order dated 4-2-1994 passed by Shri D. C. Singh, Secretary (Preventive Detention), Government of Maharashtra and the Detaining Authority. The grounds of detention were communicated to the detenus on 4-2-1994 along with the list of documents and the copies of documents which were placed before the detaining authority on the basis of which the detention orders were passed. The detenue have been detained to prevent them from engaging in illicit trafficing in narcotic drugs in future. In the grounds of detention, it is stated that on 29--2-1993, a godown situated at Radha Niwas, Govind Nagar, near Himalaya Society, Ghatkopar, Bombay, was raided by the Police in the presence of panchas and three persons, viz. Razak Hasanali Rupani, Harmindersingh Santoksingh Dhanjal and Mohammad Maqsood Mohammad Mehmood were found present in the said premises and huge quantity of narcotic drugs packed in 40 polythene bags were seized. The contraband was found to be of Hashish and it weighed 961 kgs. During the investigation, the aforesaid three persons disclosed the name of Firoz Hasanali Rupani, detenu in Writ Petition No. 297 of 1994, and one Gaffar being the prime persons engaged in the trafficing of drugs. The statements of the detenue were recorded on 30-4-1993 in which it was stated that the consignments of Hashish were brought from Rajasthan for being exported and the detenue had rendered assistance in the storage of the said contraband and for this purpose hired godown in question from one Mr. Ramesh Joshi. Involvement of the detenus in the offence is apparent from the statement made by Razak Hasanali Rupani and Mohammed Maqsood on 30-4-1993. The detenue were produced before the Special Court on 29-4-1993 and were remanded to jail custody.