JUDGMENT - S.W. PURANIK, J.:---The petitioner is the uncle of the detenu Sayad Shakeel Ahmed who has been detained by an order dated 2nd July, 1990 passed by the 1st respondent to this petition under section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988.

2. The petitioner challenges the order of detention of the detenu on various grounds. However, we feel that this petition can be disposed of on the very first submission that the order suffers from the vice of non-application of mind.

3. In the order of detention, Annexure A to the petition, in paragraph 2, the detaining authority has recorded his satisfaction that it is necessary to pass the said order for detaining Sayed Shakeel Ahmed of Johanesburg, South Africa, with a view to preventing him from engaging in export from India of Narcotic drugs.

4. The grounds of detention, Annexure B to the petition, show that the contraband material which was seized from the detenu was a batch of mandrax tablets which, it is alleged, the detenu was planning to take abroad.

5. Shri Merchant, learned Advocate appearing for the petitioner, submitted that mandrax tablets is not a narcotic drug but a psychotropic substance and as such the detaining authority has misread the article which was seized and the purpose of detention whether it was for preventing the detenu from exporting of narcotic drug or for preventing him from exporting psychotropic substance.

6. In the affidavit in reply, the detaining authority in paragraph 2 thereof has categorically stated that he was subjectively satisfied that it was necessary to detain the detenu with a view to preventing him from engaging in export from India of narcotic drugs. In paragraph 6, the detaining authority has further averred that the detenu was attempting to take mandrax tablets out of India, that mandrax is a manufactured drug falling under the definition of narcotic drug as defined under section 2(xiv) of the Narcotic Drugs and Psychotropic Substances Act, 1985, and that, therefore, according to the detaining authority, he has rightly issued the order of detention with a view to preventing the detenue from engaging in export from India of narcotic drugs. He denied the allegation that his satisfaction is in any way vitiated by non-application of mind or that the detention of the detenu is in any way illegal.

7. The definition of narcotic drug is to be found in section 2(xiv) of the N.D.P.S. Act which states that narcotic drug means coca leaf, cannabis (hemp), opium, poppy straw and includes all manufactured drugs. Manufactured drug is also defined under section 2(xi) of the said Act. Manufactured drug, means "(a) all coca derivatives, medicinal cannabis, opium derivatives and poppy straw concentrate; (b) any other narcotic substance or preparation which the Central Government may, having regard to the available information as to its nature or to a decision, if any, under any International Convention, by notification in the Official Gazette, declare to be a manufactured drug, ......" Thus, apart from the specific items like coca leaf, cannabis (hamp), opium etc., even the manufactured drugs are included in the definition of narcotic drug. However, the contention of the detaining authority that mandrax tablets amounts to a manufactured drug is not substantiated for the simple reason that manufactured durg has necessarily to be declared so by notification in the Official Gazette. The learned Public Prosecutor had sought time to produce the relevant notification, but on perusal of all the latest notification, as placed before us, we find that neither mandrax nor methaqualone are listed in the list of manufactured drugs. Methaqualone is an essential ingredient of mandrax tablets. This is evident from the chemical analysts report which was placed before the detaining authority and which shows that drugs seized from the detenue answer tests for presence of methaqualone. Since methaqualone is

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