RAJENDRA DAULAT DESAI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Writ Petition under Article 226 of the Constitution of India challenges the order of detention dated 15th March 2010 issued by the Commissioner of Police, Brihan Mumbai bearing No. D.O. No. 2/PCB/DP/Zone-III/2010 in exercise of powers under section 3(2) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders, Dangerous Persons and Video Pirates Act, 1981 (hereinafter referred to as 'the Act of 1981'). As a consequence of the said detention order, the Petitioner's brother came to be detained on 15th March, 2010 and he is in jail since then. The present Petition has been filed on 2nd July, 2010. The detention order has been passed against the Petitioner's brother Surendra @ Surya Daulat Desai essentially keeping in mind his past tendencies and inclinations to continue with criminal activities prejudicial to the maintenance of public order in future. The Detaining Authority has referred to recent offence committed by the detenue on 26th October, 2009 which has been registered for offences under sections 326 read with 34 of the Indian Penal Code read with section 37(a) of the Mumbai Police Act read with sections 3 and 25 of the Indian Arms Act at Worli Police Station vide C.R. No. 333/2009. In addition, reliance is placed on two in-camera statements of witnesses A and B, who have spoken about the activities of the detenue during the relevant period which had the potentiality of affecting public order. It is on this premiss the Sponsoring Authority submitted proposal for issuance of preventive detention order which proposal was duly considered along with other relevant materials placed before the Detaining Authority. The Detaining Authority after recording his subjective satisfaction directed issuance of detention order to prevent the detenue from reviving his criminal activities as in the past. After recording that satisfaction, the Detaining Authority issued order dated 15th March, 2010 which reads thus :

(2.) 3 copies of Committal Order.

(3.) Accompaniment sets."