SHAHISTA SAYED HAJI BAITULLAH Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD all the learned Counsel; Shri M.G.Karmali for the petitioner, Shri Agrawal for respondents No.1, 2 and 5 and Shri Rajiv Patil for respondents No.3 and 4.

(2.) THIS Petition is by Smt.Shahista Sayed Haji Baitullah, wife of the detenu Sayed Haji Baitullah, son of Sayed Haji Abdul Aziz. Under Order dated 11th August 1995 (Exh."4"/pg.34) passed by the second respondent - specially empowered officer, the detenu has been detained under section

(3.) THE order of detention has been issued on 11th August 1995, as stated earlier, and has been served on 23rd August 1995 alongwith the grounds of detention. The grounds of detention refer to the two instances; one of the seizure of 10 kgms. of heroin from Room No.1006 of Taj Intercontinental Hotel, at Mumbai, on 19-02-1995 and the other of the seizure of 455 gms. of heroin from the body cavities of the two passengers Shaikh Salahuddin Ibrahim and Salim Rahim Khan on 15-05-1995 at the Sahar International Airport, Mumbai, when the two passengers were in the process of boarding the Air Mauritius Flight to Port Louis. However, it is not necessary to go into the details of the grounds of detention and the material in support of the said grounds in view of the only contention that has been canvassed before us, and on which there appears to be no dispute on fact. No doubt, Shri Karmali, learned Counsel appearing for the petitioner, tried to raise three contentions before us.