LAWS(BOM)-2020-3-9

SIDDHESH BALA MHASKAR Vs. COMMISSIONER OF POLICE

Decided On March 04, 2020
Siddhesh Bala Mhaskar Appellant
V/S
COMMISSIONER OF POLICE Respondents

JUDGEMENT

(1.) Rule made returnable forthwith and heard with the consent of learned counsel for the parties.

(2.) The Petitioner / Detenu Siddhesh Bala Mhaskar @ Siddhu Abhange has preferred this Petition questioning the preventive detention order passed against him on 28 th August 2019 by Respondent No. 1 ­ Commissioner of Police, Thane. The said detention order has been passed under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug offenders, Dangerous persons and Video Pirates Act, 1981 (hereinafter referred to as 'MPDA Act'). The said detention order has been issued as the Detenu is a Dangerous person whose activities are prejudicial to the maintenance of public order. The detention order is based on three Crimes i.e. C.R. No. I-83/2019 registered with Wagale Estate Police Station, for the offences punishable under Sections 325, 324, 323,143, 144, 146, 147, 148, 149, 504 and 427 of the Indian Penal Code, C.R. no. I-129/2018 registered with Chitalsar Police Station, for the offences punishable under Sections 143, 144, 146, 147, 148, 149, 504,506(2) of IPC read with 3(25) of Arms Act, and read with 37(1), 135 of the Maharashtra Police Act and CR No. I-73 registered with Kopari Police Station for the offences punishable under Sections 469, 500, 34 read with Section 66(d) of the Information Technology Act, 2000.

(3.) Though the number of grounds have been raised in the present petition whereby the detention order has been assailed, however, the learned counsel appearing for the Petitioner / Detenue has pressed only three grounds before us i.e. ground nos. 'b', 'c' and 'd'. Those grounds are reproduced herein below in verbatim.