SAFRUDDIN ABDUL MAJID KHAN Vs. R.H. MENDONCA

JUDGEMENT

(1.) THROUGH this petition preferred under Article 226 of the Constitution of India the Petitioner - detenu has impugned the detention order dated 14th May, 1999 passed by the 1st Respondent Mr. R.H. Mendonca, Commissioner of Police, Brihan Mumbai, detaining him under Sub -section (1) of Section 3 of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders and Dangerous Persons Act, 1981 (No. LV of 1981)(Amendment 1996), (hereinafter referred to as 'M.P.D.A. Act'). The detention order along with the grounds of detention also dated 14th May, 1999, was served on the petitioner - detenu on 6.8.1999, and their true copies are annexed as Annexures 'A' and 'B' to this writ petition.

(2.) A perusal of the grounds of detention would show that the impugned detention order is founded on one C.R. viz. C.R. No. 516/98 under Sections 384, 385, 454, 427, 34 of the I.P.C., registered on the basis of a complaint filed by one Arun Dinkar Gawand at Kandiv li (W) Police Station, on 23.12.98 and two in -camera statements of witnesses A and B which are dated 26.2.1999. A perusal of the grounds of detention would also show that the Petitioner - detenu has been detained as a dangerous person under Section 2(b -1) of the M.P.D.A. Act.

(3.) ALTHOUGH in this Writ Petition Mr. Tripathi has pleaded a large number of grounds but since he is only referring to two grounds viz. those pleaded as grounds 70 and 7 (e) we are not adverting to the other grounds of challenge pleaded in this Petition. We now propose to deal with the said grounds: