SUKERTI VIRENDRA SOOD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioner is the wife of one Virendra Omprakash Sood who has been detained by order dated 26th May, 1995 passed by the Principal Secretary to the Government of Maharashtra, Home Department (Preventive Detention) and Detaining Authority under the provisions of section 3 (1) of the Prevention of illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (hereinafter referred to as the TAct ).

(2.) THE petition raises as many as about 15 grounds challenging the order of detention. However, we find it unnecessary to deal with all the grounds inasmuch as the first two grounds of the challenge have great merit.

(3.) UNDISPUTEDLY, the facts of the case show involvement of the detenu on a large scale in manufacturing mandrax tablets. On 13. 11. 1994 the police officers of Narcotics Cell, Andheri Unit, Bombay, received information that one Shivkumar Sood was likely to come near hotel President in a car to give delivery of mandrax tablets between 01. 30 and 02. 00 hrs on 14. 11. 1994. A watch was kept and the said Shivkumar Sood was apprehended. Two small packets containing tablet were found in shirt pocket and three bags were found in the dashboard of the car. Each bag was 500 gms. in weight. All the material when tested showed that it contained methaqualone. Shivkumar Sood stated that he had a factory at Mohili village, Saki Naka Pipe Line, Bombay, for manufacturing mandrax tablets and the present detenu does the manufacturing work for him. On 14. 11. 1994 at 22. 20 hrs, a search in the factory was conducted and the detenu was found taking out a tray from dryer. 200 bags of methaqualone powder, machine, dryer and dyes were seized from the factory. The son of the said Shivkumar Sood by name Deepak Sood and his wife Mrs. Brijmohini Sood were also arrested. Subsequently, the statements of all these persons including that of the detenu were recorded between 14. 11. 1994 and 29. 11. 1994. Certain searches were also conducted and, ultimately, the order of detention was passed on 26th May, 1995.