INDIRA RAJARAM MUKNAK Vs. R H MENDONCA

JUDGEMENT

(1.) THROUGH this Petition preferred under Article 226 of the Constitution of India, the Petitioner who styles herself as the mother of the detenu Ravindra @ Ravi Rajaram Muknak, has challenged the detention order dated 21-1-1999 passed by the First Respondent Mr. R. H. Mendonca, Commissioner of Police, Brihan Mumbai, detaining the detenu 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), also referred to as MPDA Act.

(2.) THE prejudicial activities of the detenu necessitating the issuance of the impugned detention order are contained in the grounds of detention which are also dated 21-1-1999.

(3.) THE two in - camera statements are of witnesses A and B. Witness A in his statement dt. 7-12-1998, stated that he knew the detenu and his associate as goondas who had formed a gang and who armed with deadly weapons were extorting money from the residents, hawkers and shop-keepers in T. H. Kataria Marg, Matunga, Mumbai and other areas. One day in the third week of July, 1998 at about7. 45 p. m. when he was hawking the goods, the detenu and his associate armed with weapons went to him. THE detenu's associate Babu Manchekar put a chopper on his stomach and told him to give Rs. 1000/- otherwise he would be injured in the stomach. He told him that he would pay the amount within 2/3 days. However, the detenu inserted his hand in the pocket of his shirt and forcibly took away Rs. 600/ -. THE associate of the detenu gave fist blows to him. Seeing the incident, the passers by got scared and started running helter - skelter. Witness B in his statement dated 7-12-1998 stated that he knew the detenu and his associate as goondas who had created a terror in the Matunga area. One day in the second week of September, 1998 at about9. 30 p. m. when he was returning home after his work, the detenu and his associates armed with knives and guptis, surrounded him near the Railway colony Maidan. THE detenu's associate Deepak put a gupti on his neck. THE detenu put a knife on his chest and thereafter the detenu's associate Babu Manchekar took Rs. 3800/- which was kept in the purse which was in his pant pocket. His citizen watch was also taken and he was kicked resulting in his falling down.