COMMISSIONER OF POLICE Vs. GURBUX ANANDRAM BHIRYANI

JUDGEMENT

(1.) The detaining authority under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers and Drug Offenders Act 55 of 1981 (hereinafter referred to as 'the 'act') is under appeal by special leave against the quashing of the order made against it by the Bombay High court. The appellant made the order of detention in exercise of power under S. 3 (1 of the Act and the grounds in respect of the detention were furnished to the respondent on 19/12/1986. He is also facing a prosecution under S. 8 (c) read with S. 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 where he is on bail. The order of detention runs this:

(2.) Since we are of the view that even on the additional ground we have indicated, the order of detention was bad, it is not necessary to consider whether ground provided in the impugned judgment is tenable for quashing. The appeal fails and is dismissed. We would leave it open to the appellant to deal with the situation in accordance with law.