ASLAM MOHAMMAD MERCHANT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD both the learned Counsel. Shri Shirodkar for the petitioner and Smt. Tahilramani, P. P. for the respondents.

(2.) THIS petition is filed by Aslam Mohd. Merchant claiming to be the brother of Iqbal Mohammed Memon (for short "detenu") against whom an order of detention has been passed on 2nd September, 1994 by the Secretary to Government of Maharashtra in exercise of his powers under section 3 (1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (for short, "p. I. T. N. D. P. S Act" ). Admittedly the order of detention is not yet served on the detenu who is abroad and is not prepared to come to this country and have the order of detention served on him. The petitioner has prayed for two reliefs (i) quashing of the order of detention dated 2nd September, 1994 issued against the detenu Iqbal Mohd. Memon and (ii) quashing of all proceedings taken under section 8 of the said P. I. T.-N. D. P. S. Act read with sections 82 and 83 of the Code of Criminal Procedure, 1973 (for short "1973 Code" ). Pending hearing and final disposal of this petition, if admitted, there is a prayer for stay of (i) order of detention issued against Iqbal Memon and (ii) all proceedings under section 8 of the P. I. T.-N. D. P. S. Act read with sections 82 and 83 of the 1973 Code.

(3.) THE petitioner, apart from being the brother of the detenu, claims to be the owner of Hotel Meenas situated at Juhu Tara Road, Santacruz (West ). Mumbai which property is the subject matter of attachment under section 83 of the 1973 Code.