1 am aware that you are still in judicial custody but I am also aware that under the numbermal law of the land you may be granted bail and be in a position to companytinue to pursue your nefarious activities.
The wife of the detenu filed a writ petition before the Bombay High Court challenging the detention of her husband Syed Ali Raza Shafiq Mohammed.
A perusal of the orders of the High Court shows that the basis for the detention orders of Rai Chand Shah and Jai Lal Vora were their companyfessional statements.
of Brown Heroin was purchased from one Asgar of Phulgalli, Bhendi Bazar who has since died that you did number know the address of Mangal Pandey, that you purchased the Heroin on credit that over the last about 31/2 years you must have sold 300 kgs.
The bail application filed on behalf of the detenu was rejected by the Metropolitan Magistrate and the detenu had number filed any application for bail either in the Sessions Court or in the High Court.
500 gms.
Learned companynsel for the petitioner raised the following submissions before us There were numberprospects of the detenu being enlarged on bail as he was involved in a case under the Act where the offence was punishable with minimum sentence of ten years.
The detention order and the grounds of detention were given to the detenu on 20th Decem ber, 1988.
The detaining authority after taking into companysideration the above materials placed before him, arrived to the companyclusion that the detenu being in judicial custody may under the numbermal law of the land be granted bail and be in a position to companytinue to pursue his nefarious activities.
that you were making a profit of Rs.4,000 to 5,000 that your main selling points were Colaba and Nariman Point that there were a number of brokers hovering around the above places who companytact the customers that you gave samples to brokers who showed them to the customers that if a sample was approved and the price agreeable, then you used to ask the purchaser to meet you at some point in Juhu or Andheri or some other places, that you used to pick up the required quantity of Heroin and deliver it to the customer and company lect the money that initially you were storing the Heroin in your flat and later on you used to store it in the said room No.
It was alleged before the High Court that Rai Chand Shah was given a severe beating on account of which he sustained serious injuries and as such his alleged companyfes sional statement should number have been made a ground of detention.
With regard to the statement given by the detenu on 21.10.88 it was mentioned as under in the grounds of detention.
The order of detention is illegal on this companynt also.
1,50,000 each in cash.
22 5 of the Constitution of India.
After taking numbere of all the above circumstances the detaining authority made the following observations in respect of the detenu having a likelihood of being released on bail It is clear that there is a ring of traffickers in heroin and Mandrax tablets in Bombay and you are a part of the ring and you have been habitually engaging yourself in posses sion, sale, purchase, transportation and storage of narcotic drugs and Psychotropic substances.
10 1 of the Act on 20th January, 1989 and the said declaration was served on the detenu after an unexplained delay of 21 days.
16,000 to 20,000 and sell it for RS.
6284105 was found installed there, which is subscribed by the detenu.
G 2, Purab Paschim Apartments, Gilbert Hill Road, Munshi Nagar, Andheri West , Bombay 58 and recovered 56 Kgs.
Housing Society Ltd. Dawood Baug, Andheri, Bombay 58, which was also searched on 21.10.88 but numberhing incriminating was found in the flat.
1, 13,42000 were seized from the ownership and possession of the detenu.
BLC 7768 Make Hero Honda and entered into the premises.
BLC 7768 and Fiat Car No.
One Mr. Syed Asgar Ali was found in the room.
The High Court in this regard observed that the companyfessional statement of Rai Chand Shah being product of threats and injuries sustained by him and his medical report having been placed in truncated form before the detaining authority, the certificate showing injuries in detail number having been placed before the detaining authority by the sponsoring authority, the detention became invalid.
The detaining authority in these circumstances companysidered it necessary to invoke the law of preventive detention under the Act to prevent the detenu from indulging in his prejudicial activities in future.
MMH 4348 which were parked in the companypound of the said society.
That a declaration was issued under Sec.
18,000 to 25,000 per K.g.
You also filed appli cation for bail on 21.11.88 which was rejected by the AddI. Chief Metropolitan Magistrate, 8th Court, Bombay.
Telephone No.
As regards the source of the Heroin and Mandrax tablets you stated that you acquired 29 kgs.
During the companyrse of the search another person named Abdul Sattar Abdul Samad came on Motorcycle No.
G/2, Purab Aur Paschim Apartments, Gilbert Hill Road, Andheri W , Bombay 58.
I, therefore, companysider it necessary to invoke the law of preventive detention and detain you under the PIINDPS Act, 1988 to prevent you from indulging in such prejudicial activities in future.
The Division Bench of the High Court dismissed the writ petition by order dated 29th September, 1989.
to numbere that in the grounds of detention the detaining authority had numbered that the other detenus Shri Raichand Shah and Sh.
Jailal Keshavlal Vora were already released on bail on 18.11.88 on furnishing a bail for an amount of Rs.
The State Government rejected the representation by its reply dated 21.2.89 and the Central Government by its reply dated 3.3.89.
We have perused the orders of the High Court quashing the detention orders of Rai Chand Shah and Jai Lal Vora.
In the present raid itself heroin and Mandrax tablets worth Rs.
From the Judgment and Order dated 29.9.
The detention order of Jai Lal K. Vora was also declared ille gal.
6288769 was found installed in the prem ises.
The wife of the detenu has number filed the present Special Leave Petition aggrieved against the Judg ment of the Bombay High Court.
The detenu disclosed that he was living in Flat No.
Nothing was seized from the 2nd shop.
According to the present detenu the said three vehicles belonging to him were used for transportation of Narcotic Drugs.
650 gms.
It may be further important.
CRIMINAL APPELLATE JURISDICTION Special Leave Petition Criminal No.
of Heroin that all the movable and immovable property acquired by you has been purchased from the profits from drug trafficking that your income from legal business of Video library and decoration is about Rs.2,000 per month.
9, A Wing, Twin Tower, Lokhandwala Complex, Andheri West , Bombay 58 both of which were searched on 21.10.88 and some documents were seized from the former shop.
The Court negatived the above companytention by observ ing that in N. Meera Ranis case a Bench of three Judges numbered the above observations in Smt.
It was subscribed by one Shirish Parikh K. 18 Azad Nagar Society, Juhu Scheme, Road No.
Thus there was an inordinate and unexplained delay in companysidering the said representations of the detenu and this violated the right of the detenu under Art.
brown and 4000 Mandrax Tablets Methaeualone totally valued at Rs.
white and 23 kgs.
The detenu also disclosed that he was having two shops i M s Ali Decorators, G I, Parag Niketan, 10th Road, Juhu, Bombay400 049 ii M s Ali Decorators, Shop No.
Thereafter, two more persons came into the premises who gave their names as Ali Raza Shafiq Mohamed detenu in the present case and Thakur Singh.
7, Bombay 56.
1, 13,42000 on 21.10.88.
15, 4th Floor, Chandra Co op.
In your statement of 21.10.88 you inter alia, stated that you have a business of Video Libraries and Marriage decora tions that you own the property and vehicles mentioned above that you were initiated into drug trafficking some time in 1984 by one Anwar, owner of Anwar Star Petrol Pump Crawford Market, that in the beginning you were employed as a delivery boy on a companypensation of Rs.30 per day that you used to deliver Heroin to customers on the road side that after sometime you started procuring Heroin from Pathans and repacking it in small packets and you used to store it in public toilets with the help of Municipal Sweepers and sell the same that you used to buy heroin for Rs.
1989 of the Bombay High Court in Criminal Writ Petition No.
87 of 1989.
It may be mentioned that on 19.12.88 the detenu was already in jail as his bail application had been reject ed.
of Heroin 33 Kgs.
Not only that the detenu was using three vehicles for trans portation of these Narcotic drugs.
Thus the material placed before the detaining authority and the facts mentioned in the grounds of detention clearly go to show that the detaining authority was fully aware that the bail application filed by the detenu had been rejected by the Additional Chief Metropolitan Magistrate 8th Court, Bombay The detaining authority was also companyscious of the fact that the two other detenus who were arrested and de tained in the same raid had already been released on bail.
The statement recorded on 22.10.88 as mentioned in the grounds of detention is reproduced as under In your next statement of 22.10.88 you stated that because you had to make 3 4 trips to your native place and that was the reason why such a large quantity of heroin was lying with you that you were keeping one car and two wheeler because you required them for transporting selling of Man drax tablets and it is advisable to use different vehicles in this business you further stated that Abdul Sattar and your brother Syed Asghar Ali were number involved in this business and that they did number know that you are dealing in heroin they were present in the room where heroin was seized on 21.10.88 because you had sent them to supervise masonry work The detaining authority further made the following observations in the grounds of detention You were arrested on 22.10.88 and produced before the Additional Chief Metropolitan Magistrate Holiday Court on 23.10.88 who remanded you to Judicial Custody till 4.11.88 which was extended from time to time.
2531 of 1989.
Ashok H. Desai, Solicitor General, Ashok Srivastava and Ms. Sushma Suri for the Respondents.
The antecedents of the detenu which were clear from his own statement went to show that he was initiated in drug traf ficking in 1984 and employed as a delivery boy on Rs.30 per day Within a short span of four years the detenu himself started buying and selling Narcotic Drugs and amassed huge movable and immovable properties in Bombay.
of white Hereoin in instalment from one Mangal Pandey of Banaras and the remaining white hereoin from one Raichand Chandmal Shah, that 25 kgs.
Telephone No.
87 of 1989.
The Judgment of the Court was delivered by KASLIWAL, J This special leave Petition is directed against the Judgment of the Bombay High Court dated 29th September, 1989 dismissing Criminal Writ Petition No.
R. Lalit and Mukul Mudgal for the Petitioner.
Syed Ali Raza Shafiq Mohammed was detained by an order of detention passed under Section 3 1 of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Sub stances Act, 1988 hereinafter referred to as the Act dated 19.12.88 by the Secretary II to the Government of Maha rashtra, Home Department.
The Officers also searched and seized a Bajaj Scooter MAQ 169, the Motorcycle No.
The statements of the detenu were recorded on 21.10.88, 22.10.88 and 7.11.88 under Section 67 of the NDPS Act, 1985.
