PRADEEP KUMAR PILLAI Vs. C.D. SINGH

JUDGEMENT

(1.) THE petitioner, who is the brother of the detenu K.C. Pillai Anil Kumar, has filed this petition praying for issuance of appropriate writ, order or direction to set aside and quash the detention order bearing no. 3(A)/PND/0195/47 dated 31.3.1995 issued by the respondent no. 1 against the detenu K.C. Pillai Anil Kumar.

(2.) THE respondent no.1 - Secretary (Preventive Detention) Home Department, Government of Maharashtra, being satisfied that it is necessary to make an order directing that the person known as Shri K.C. Pillai Anil Kumar @ Anil Kumar aged 28 years residing at Kollaraghikathu Veedu Manch Dloor Paithandpuram, Quilon Dist. Kerala be detained with a view to prevention him from engaging in illicit traffic in psychotropic substances, issued the impugned order of detention against the detenu, in exercise of powers conferred upon him under sub-section (1) of section 3 of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (46 of 1988), read with Government order Home Department (special) no. SPL. 3 (A) PND 1093/2, dated 15.6.1993 and directed that the said K.C. Pillai Anil Kumar be detained under the said Act. Alongwith the said order the respondent no. 1 who is the detaining authority also furnished to the detenu the grounds of detention on the basis of which the aforesaid detention order was made by him, by letter no. SPL. 3 (A)/PSA-0195/47 - dated 31.3.1995.

(3.) AFTER the DRI team of officers apprehended the detenu and his accomplices and on questioning them it was revealed that the HDPE sacks contained mandrax tablets and the paper bags contained Ambuja Cement, the DRI officers took out some tablets from two sacks, one each from the truck and the tempo and tested them on the field testing kit which gave a positive result for mandrax tablets, a psychotropic substance. The truck and the tempo which came to be seized, were brought to the office of DRI, Kolaba alongwith the detenu and his accomplices and inventory of the contents of the vehicles were made. The truck contained 42 HDPE sacks and 15 Ambuja cement bags and the tempo contained 20 HDPE sacks and 15 Ambuja cement bags and the same were recovered. The officers of DRI office recovered 2480 polythene bags with a total weight of 2083 kgs of mandrax tablets valued at Rs.2,08,32,000 in the illicit market and seized the mandrax tablets, the cement bags, and the three vehicles under the provisions of the NDPS Act.