SHAHISTA SAYED HAJI BAITULLAH Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD all the learned Counsel.

(2.) THE petitioner Smt. Shahista Sayed Haji Baitullah is the sister-in-law of the detenu Nasarullah Abdul Rehman @ Nasir @ Munna son of Sayed Haji Abdul Aziz. Under an order dated 11th August, 1995 (Ex. A page 32) passed by the specially empowered officer namely Shri A. K. Srivastava, Joint Secretary, Government of India, Ministry of Finance, Department of Revenue, the detenu has been detained under section 3 (1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (for short PITNDPS Act) with a view to preventing him from engaging in the transportation and abetting in the export from India of narcotic drugs. The two instances on the basis of which the order of detention has been passed are of 19th February, 1995 and 15th May, 1995. On 19th February, 1995 on the basis of specific intelligence, the officers of the Narcotics Control Bureau, Mumbai searched Room No. 1006 of Taj Intercontinental Hotel, Mumbai. One bag containing 10 Kg. of Heroin was recovered from the said room though the occupants of the said room purporting to be John and Maggie from United Kingdom were not available in the room. The seizure was effected on the basis of the intelligence passed on to the Narcotic Control Bureau by H. M. Customs and Excise and South East Regional Crime Squad, U. K. and under cover agent John and Maggie had established contact with the detenu through one Mario. John and Maggie came to Bombay and contacted the detenu Nasarullah as also his brother Salim @ Baitullah who was the detenu in Criminal Writ Petition No. 1057 of 1996. Nasarullah had met John in the lobby of the hotel and pursuant to the negotiations had handed over the bag containing 10 Kg. of heroin to John who was to carry the same to London. After seizure of the heroin from Room No. 1006 of Taj Intercontinental on 19th February, 1995, further follow up action was taken and one Ravikant Rambhai Patel and Nasir Chowdhari were arrested in U. K. in connection with the seizure of 10 Kg. of heroin on 19th February, 1995.

(3.) COMING to the second incident of 15th May, 1995, on the basis of the intelligence the officers of the Narcotic Control Bureau, Mumbai intercepted Shaikh Salauddin Ibrahim and Salim Rahim Khan when they were in the process of boarding Air Mauritius flight No. MK 751 from Sahar International Air Port. A total of 455 grams of heroin was seized from them in the early hours of 16th May, 1995 since it was concealed in their body cavities. The statements of Shaikh Salauddin were recorded on 16th and 17th May, 1995 which indicated that Sayed Haji Baitullah and his brother, the present detenu, were involved in supply of heroin to them for the purpose of export to Mauritius.