STATE OF MAHARASHTRA Vs. IQBAL MOHAMMED MEMON

JUDGEMENT

(1.) HEARD the learned Counsel; Shri Page for the petitioner State of Maharashtra, Shri Adhik Shirodkar for respondents No. 1 to 7 and Shri Satpute for respondent No. 8.

(2.) THIS is the petition filed by the State of Maharashtra seeking to challenge the Order dated 20-10-1997, passed under section 68-I of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'n. D. P. S. Act') by the Competent Authority, appointed by the Central Government under section 68-D of the N. D. P. S. Act. Under the said order, out of 11 properties which are mentioned at Exhibit A-1 to the petition, four properties mentioned at Sr. Nos. 2, 3, 4 and 5 have been held to be illegally acquired within the meaning of Clause (g) of section 68-B of the N. D. P. S. Act and the said properties have been ordered to be forfeited to the Central Government, free from all encumbrances, as contemplated by sub-section (3) of section 68-I of the said Act. In respect of the property at Sr. No. 6 in Exhibit A-1, viz. the contents in Locker No. 297/a with the Union Bank of India, Juhu Tara Road, Juhu, Mumbai, a direction has been given that the said locker should be closed back by keeping the contents therein and a fresh show-cause notice should be issued under section 68-H of the said Act as to why the said properties should not be declared to be the illegally acquired properties and forfeited to the Central Government. In respect of the remaining six properties at Sr. Nos. 1, 7, 8, 9, 10 and 11, a finding has been recorded that the affected persons were able to explain the source from which the said properties were acquired and on the basis of the material on record, it was proved that the said six properties were acquired lawfully and could not, therefore, be treated as illegally acquired properties. Consequently, these six properties are taken out of the forfeiture proceedings under Chapter V-A of the N. D. P. S. Act. This petition by the State of Maharashtra is, therefore, confined to the six properties which have been released from the forfeiture proceedings viz. the properties at Serial Nos. 1, 7, 8, 9, 10 and 11 of Exhibit A-1 to the petition. Few facts necessary to appreciate the rival contentions may be stated.

(3.) ON the 2nd September, 1994, the Secretary to the Government of Maharashtra, Preventive Detention, Home Department, viz. the detaining authority passed an order under sub-section (1) of section 3 of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (for short, 'pitndps Act') recording his satisfaction that it was necessary to detain Shri Iqbal Mohammad Memon @ Iqbal Mirchi respondent No. 1 (for short, 'detenu') with a view to preventing him from engaging in illicit traffic in psychotropic substances. On 30th December 1994 the State Government issued an order under section 8 (1) (b) of the PITNDPS Act, 1988 recording its satisfaction that the detenu had absconded or was concealing himself. The State Government, therefore, directed the detenu to appear before the Com-missioner of Police, Greater Bombay, between 10 A. M. and 5 P. M. on any working day within 30 days from the date of publication of the order. The detenu was ordered to be detained in the Bombay Central Prison, Bombay. However, since the order of detention could not be executed, a proclamation was issued by the Chief Metropolitan Magistrate, Esplanade, Bombay, on 12th January 1995 under section 82 of the Code of Criminal Procedure, 1973 to the effect that the State of Maharashtra had reason to believe that the detenu had absconded or was concealing himself so that the order of detention could not be executed. Proclamation was, therefore, made that the detenu was required to appear before the Commissioner of Police, Greater Bombay, on any working day between the 31st and 45th day from the date of publication of the said proclamation.