HEENA KAUSAR Vs. UNION OF INDIA

JUDGEMENT

(1.) By this Petition which is filed under Article 226 of the Constitution of India, Petitioner is seeking appropriate writ order and direction for setting aside the order of detention dated 02/09/1994 passed by Respondent No.2 under section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988.

(2.) Brief facts are as under:-

(3.) On 02/09/1993, a jeep which was parked at Worli, Mumbai was seized and Mandrax Tablets were found in the said jeep. Petitioner's husband was made an accused in the said case. On 02/09/1994, an order of detention was passed by Respondent No.2. The said order of detention could not be served on Petitioner's husband, though, according to Respondent No.2, various steps were taken to serve him and, till today, the order of detention and grounds of detention have not been served on Petitioner's husband. Petitioner has challenged the said order of detention. In the meantime, a show-cause notice was issued to the Petitioner, asking her why her properties mentioned at Serial Nos. 2 to 5 of the List of Properties annexed to the show-cause notice should not be forfeited under the provisions of section 68-I of the Narcotic Drugs & Psychotropic Substances Act, 1985. Reply was given by the Petitioner to the said show-cause notice and after holding inquiry, Competent Authority was pleased to forfeit the property of the Petitioner and her husband. The said order was challenged by the Petitioner before the Appellate Tribunal. However, the appeal was dismissed.