Vishal Ramesh Doshi vs State of Maharashtra

V.P. Tipnis, J.—The detenu in this petition is a codetenu of the detenu in criminal writ petition No. 588 of 1995. Admittedly, neither in the grounds of detention nor any time thereafter the detenu was informed by the detaining authority that he has a right to make a representation also to the detaining authority. Under the aforesaid circumstances In view of the clear exposition of law by the Apex Court in paragraph 38 of its judgment in the case of Kamleshkumar Ishwardas Patel Vs. Union of India (UOI) and Others, the continued detention of the detenu is rendered illegal and unconstitutional.

Accordingly, the order of detention passed on April 28, 1994 under the provisions of Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 in respect of the detenu by name Ramesh Bhailal Doshi by the Secretary to the Government of Maharashtra, (Preventive Detention), Home Department, is hereby quashed and set aside. The detenu is directed to be released forthwith only so far as his detention under the aforesaid order of detention is concerned. It is an agreed position before us that the detenu is also in prison as an under - trial prisoner, he not being granted bail in the criminal case filed against him under the N.D.P.S. Act. Rule is made absolute in the aforesaid terms.