AMIT KANTILAL JOGANI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THESE three criminal writ petitions are filed by the three petitioners challenging the order of detention of the respective detenus. We have heard the learned advocates for the parties.

(2.) CR. W. P. No. 87/96 is filed by the petitioner who is the son of detenu Kirtilal D. Jogani challenging the order of detention dated 2-4-1996 issued under section 3 of the Prevention of illicit Traffic in Narcotic Drugs and Psychotropic substances Act, 1988 (hereinafter referred to as the Act ). Cr. W. P. No. 88/96 is filed by the petitioner, who is wife of detenu Kasam Merchant, challenging the order of detention dated 9-4-1996 under the Act. Cr. W. P. No. 134/96 is filed by the father of the detenu Suresh Sharma challenging the order of detention dated 4-5-1996 under the Act. The respondents have filed affidavits in reply in all these three petitions. It may be also mentioned here that there are six detenus who have filed six writ petitions. We have heard common arguments in all these six petitions. However, for the purpose of convenience, we are disposing of these three writ petitions under this common order and three writ petitions under other common order.

(3.) FEW facts, which are necessary for the disposal of these writ petitions are as follows : It appears that on getting information, the officers of D. R. I. , Mumbai, in association with the officers of Central Excise at Arnravati searched the factory premises of Messrs Vinit organics Pvt. Ltd. , Arnravati on 23rd and 24th november, 1995. During this raid and search they seized large quantities of Methaqualone powder (1215. 900 Kgs.) of the value of Rs. 1,21,59,600/ -. They also found and seized 1500 litres of methaqualone liquid. They also seized many raw materials and Indian currency of Rs. 4 lakhs and odd. It is stated that this Methaqualone powder was being manufactured in the said premises which is a psychotropic substance. It is also stated that another premises situated in Survey No. 98/1 of Kumbhari village in Akola district belonging to one Ramesh Agarwal was searched on 24-11-1995. During that search large quantity of Mandrex tablets and Methaqualone powder were seized in addition to other raw materials. At that time the owner of the premises Ramesh Agarwal was present and was supervising. manufacture of mandrex tablets which is also a prohibited drug under the N. D. P. S. Act. Then it is also stated in the grounds that some other residential premises of different detenus came to be searched from time to time and some incriminating documents were recovered. Then the detenus came to be arrested at different points of time and their statements came to be recorded. All detenus admitted their activity of manufacture, transporting and selling the psychotropic substances. The Sponsoring Authority viz. D. R. I. placed all these materials before the Detaining Authority viz. the second respondent Shri C. D. Singh, principal Secretary to the Government of maharashtra, Home Department, Bombay. The detaining Authority in turn considered all the relevant materials and arrived at a subjective satisfaction that detention of these six detenus is very necessary in order to prevent them from engaging in illicit traffic in psychotropic substances. Accordingly six orders of detention of different dates have been issued against these six detenus, of whom, we are concerned with three detenus in this order.