IKHLAQ BASHIR SHAIKH vs RADHIKA RASTOGI AND ORS

Judgment text excerpt

Gokhale 1 of 10 4-wp-372-25 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 372 OF 2025 Ikhlaq Bashir Shaikh ..Petitioner Versus Radhika Rastogi & Ors. ..Respondents __________ Mr. Munira Palanpurwala Shaikh a/w. Sumaiya Khan for Petitioner. Smt. M. M. Deshmukh, APP for State/Respondent. __________ CORAM : SARANG V. KOTWAL & S. M. MODAK, JJ. DATE : 4 APRIL 2025 JUDGMENT: (Per Sarang V. Kotwal, J.) 1. The Petitioner has challenged the Detention Order bearing No. PSA-0324/C.R.-70/SPL-3(A), dated 15.10.2024, issued against the petitioner U/s.3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (for short ‘PITNDPS Act’). 2. Heard Ms. Munira Palanpurwala Shaikh, learned counsel for the Petitioner and Smt. Deshmukh, learned APP for the State. 3. The petitioner was served with the grounds of detention Digitally signed by VINOD VINOD BHASKAR BHASKAR GOKHALE GOKHALE Date: 2025.04.09 18:35:56 +0530 2 of 10 4-wp-372-25 along with the Detention Order. The material given to the petitioner mentions his past history. However, in paragraph-3 of that communication it is clearly mentioned that paragraphs-5 to 9.6 of the grounds of detention were merely preamble/introduction and were not actual grounds of detention and said grounds were not relied upon by the Detaining Authority in issuing the order of detention. The offences mentioned in paragraph-5 are related to the registered offences at Agripada police station, Nagpada police station, Anti Narcotics Cell, Worli Unit and Unit 8, DCB, CID, Mumbai. All these offences were in respect of possession of ganja, but they were of non commercial quantity. In one of the offences, 360 bottles of Chlorphen iramine Maleate, Codeine Phosphate syrup and