DINESH DOSHI Vs. COMMISSIONER OF POLICE MUMBAI

JUDGEMENT

(1.) In this petition, filed under Article 226 of the Constitution of India, praying for a writ of habeas corpus against the order of detention passed on 11/8/2009 under Section 3(2) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders, Dangerous Persons and Video Pirates Act, 1981 (for short MPDA Act) has been challenged by the father of the detenu - Shri Pritesh Dinesh Doshi. The detention order was served on the detenu on 12/8/2009. It was approved by the State Government on 21/8/2009 and was thereafter confirmed on 29/9/2009, for a period of one year from the date of its execution i.e. from 12/8/2009.

(2.) The detention order was based on three CRs, namely, C.R. No. 95 of 2009 registered with the Charkop Police Station, C.R. No. 161 of 2009 registered with the Oshiwara Police Station and C.R. No. 150 of 2009 registered with the Oshiwara Police Station. In addition, there were two incamera statements recorded on 26/6/2009 and 29/6/2009, which referred to the incidents of last week of April 2009 and first week of May, 2009 respectively. Along with the detention order, the grounds of detention and a list of documents along with their translation in Hindi, was provided to the detenu. Though a host of grounds have been set out, the learned counsel for the petitioner has pressed for the following ground only,

(3.) In C.R. No. 161 of 2009, registered with the Oshiwara Police Station, it was alleged that on 10/5/2009 the detenu had forcibly dragged the complainant's minor daughter in a rickshaw at about 4 p.m., taken her, under threats of violence, to Madh Island, Malad (West), Mumbai and she was forced to have oral sex with him in a hired room in a hotel. The detenu forcibly kept the said girl in his company for about one hour and was thereafter freed. C.R. No. 161 of 2009 was registered at the instance of the minor girl's father for the offence punishable under Section 363 of IPC and on investigation, the offences punishable under Sections 377, 354, 392 and 109 of IPC were added. On completion of investigation, a charge-sheet came to be filed and the case has been registered as C.C. No. 1785/PW/2009.