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2003 Supreme(Bom) 1423

H.L.GOKHALE, S.S.PARKAR
Zaibunnisa Muttalib Ali Khansonde – Appellant
Versus
Union of India & others – Respondent


JUDGMENT - GOKHALE H.L., J.:---Heard Mr. Khan for the petitioner and Mr. Satpute, Central Government Counsel, for respondents Nos. 1 to 3. Mr. Mhaispurkar, A.P.P., appears for respondent No. 4.

2. This petition seeks to challenge the order dated 25th January, 1996 passed by respondent No. 2 detaining the petitioner under section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (hereinafter referred to as "PITNDPS Act" for short). The petition is filed by the wife of the detenu. The petitioner was arrested at the Mumbai Airport on 28th June, 1995 on way to Canada. It was alleged against him that he was a conduit for dealing in narcotic drugs and psychotropic substances. When he was in judicial custody after this arrest, the impugned order dated 25th January, 1996 came to be passed under section 3(1) of the PITNDPS Act which was served on the petitioner on 30th January, 1996. The petitioner all throughout remained in custody during this period of detention. He never applied for any bail and ultimately the release order was issued on 29th January, 1997. It is further material to note that as far as his prosecution in the special case und












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