RUBINA AKBAR KHAN Vs. RONALD HAYCINTH MENDONCA

JUDGEMENT

(1.) THROUGH this petition preferred under article 226 of the Constitution of India, the petitioner who styles herself as the wife of the detenue, Akbar Khalid Khan, has impugned the detention order dated 1st December, 1998 passed by the first respondent Mr. R. H. Mendonca, Commissioner of Police, Brihan Mumbai detaining the detenue under sub-sec. (1) of Sec. 3 of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders and Dangerous Persons Act, 1981. The detention order along with the grounds of detention also dated 1st December, 1998 was served on the detenue on 16th March, 1999. True copies of the detention order and the grounds of detention are annexed as Annexures A and C respectively to the petition.

(2.) THE prejudicial activities of the detenu warranting issuance of the impugned detention order are contained in the grounds of detention. A perusal of the grounds of detention would show that the impugned detention order is founded on one C. R. namely C. R. No. 148 of 1998 of Pydhonie Police Station under sections 326, 34 I. P. C. read with Sec. 37 of Bombay Police Act read with section 4, 27 of Arms Act, read with 120 (B) I. P. C. , instituted on a complaint lodged by Parvez Khan against the detenu and his associates on 4th August, 1998 and two in camera statements of witnesses A and B respectively.

(3.) MR. Tripathi also invited attention to Ex. F of the petition which shows that the order granting anticipatory bail to the detenue in CR No. 148/98 was a speaking order.