ANJUM ABDULLA MUTHALIB Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is a petition by the wife of the detenu who is known by six different names such as Abdulla Muthalib @ Ahmed Mutalib @ Ahmed Koya @ Abdulla Ahmed Muthalib @ Abdulla Ahmed Arancada @ A. C. Abdulla who was residing at Nagdevi, Bombay. By virtue of an order issued on 29th April, 1995 in exercise of the powers conferred by section 3 (1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (for short "the PITNDPS Act") the said detenu has been detained with a view to preventing him from engaging in illicit traffic in psychotropic substances. The said order of detention dated 29th April, 1995 was served on the detenu on 3rd May, 1995 alongwith the grounds of detention. The detenu had made his representation to the detaining authority viz. respondent No. 2 - the Principal Secretary to the Government of Maharashtra, Home Department (Special), Mantralaya, Bombay-32 on 16th May, 1995 which was rejected by the detaining authority on 17th May, 1995.

(2.) A reference to the Advisory Board was made under section 9 (b) of the said PITNDPS Act on 29th May, 1995. Declaration under section 10 (1) of the said Act that the officer specially authorised by the Central Government viz. respondent No. 5 - the Additional Secretary to the Government of India, Ministry of Finance, Department of Revenue, New Delhi - was satisfied that the detenu was likely to engage in illicit traffic i. e. to say export from India of psychotropic substances in the inland area of one hundred kilometers in width from the coast of India falling within the territories of the State of Maharashtra which is an area highly vulnerable to such illicit traffic was made on 19th May, 1995 by the said respondent No. 5. On 2nd August, 1995 the Advisory Board submitted its report specifying in a separate paragraph thereof its opinion that there was sufficient cause for the detention of the detenu concerned. The order of confirmation was passed by the State Government under section 9 (f) of the said Act on 16th August, 1995 after considering the report and opinion of the Advisory Board and the entire material that was placed before the State Government. The said order of detention dated 29th April, 1995, the grounds of detention, declaration made by the Additional Secretary to the Government of India on 19th May, 1995 under section 10 (1) of the Act, confirmation made by the State Government on 16th August, 1995 under section 9 (f) of the Act and the detenus continued detention are all challenged before us in this petition filed by the wife of the detenu. A few facts leading to the detention may be stated as under :

(3.) ACTING on the basis of the specific intelligence, officers of the Directorate of Revenue Intelligence (for short DIR), Bombay intercepted two vehicles on 26th February, 1995 - a truck bearing registration No. MH-01-H-4828 and a tempo bearing registration No. MMK-3560 at Nita Road Lines Compound, Opp : Garba Devi Mandir, Narayan Gajanan Acharya Marg, Govandi, Bombay 400 088. Both the vehicles were parked back to back. The doors of both the vehicles were open and on boarding the said vehicles the officers of DIR alongwith the panchas found four persons who disclosed their names as (i) Abdulla Ahmed Arancada, the detenu, (ii) Palwinder Singh Kartar Singh, (iii) K. C. Anilkumar and (iv) Rajendra Singh Pritam Singh Mistry. The first two persons were in the truck whereas the next two persons were in the tempo. The officers also found that the said vehicles were containing 62 HDPE sacks (High Density Polyura Ethyene sacks) and 30 bags of Ambuja Cement. From the said 62 HDPE sacks, the officers recovered 2480 polythene bags in all containing 2083. 200 kgs. of Mandrax tablets valued in the international market at Rs. 2,08,32,000/ -. They were seized under the panchanama dated 26th February, 1995. Statements of all the four persons were recorded. Statement of the detenu was recorded under the panchanama made on 27th February, 1995 wherein he stated that he was doing business of travel agency in the name of M/s. Fujri Travels. The detenue admitted to have met Anilkumar Pillai in December 1994 in connection with the export of Mandrax Tablets to South African countries. He agreed to work with Anil Kumar for a handsome monetary consideration for smuggling the Mandrax tablets. The detenu agreed that when he had met Anilkumar on 23rd February, 1995 the later had asked him to arrange for a godown for storing 2 tonnes of Mandrax tablets and a tempo for transporting the same. It was decided that the detenue would bring the tempo on 25th February, 1995 near R. K. Studio where Anil Kumar would meet him to give delivery of the Mandrax Tablets. It appears that pursuant to this arrangement the detenu reached Chembur, though little late, on 26th February, 1995, in the morning, where Anil Kumar was waiting for him. The detenue escorted the tempo where the truck was parked and when the Mandrax tablets were being transferred from the truck to the tempo, all the four persons were apprehended by the D. I. R. Officers. There is no dispute before us that Mandrax tablets found with the detenue contained methaqualone which is a psychotropic substance.