AJAY NANDKISHOR PASI Vs. COMMISSIONER OF POLICE, THANE

JUDGEMENT

(1.) This Petition takes exception to the impugned order of detention dated September 9, 2019 passed by the frst respondent Shri Vivek Phansalkar, the Commissioner of Police, Thane, detaining the petitioner - detenu in exercise of the powers conferred by sub-section (2) of section 3 of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug-offenders, Dangerous persons, Video Pirates, Sand Smugglers and persons engaged in Black-marketing of Essential Commodities Act, 1981 (Maharashtra Act No.LV of 1981) (hereinafter referred to as 'MPDA Act' for short). The detention order along with the grounds of detention which are also dated September 9, 2019, was served to the petitioner detenu on November 11, 2019. The true copies of the detention order and the grounds of detention are marked as Exhibit A and Exhibit C in this Writ Petition.

(2.) A perusal of the grounds of detention (Exhibit C) would show that the impugned order is founded on three crime numbers namely C.R.No. I-83/19 under Sections 325, 324, 323, 143, 144, 146, 147, 148, 149, 504, 427 of the Indian Penal Code (hereinafter referred to as 'the IPC' for short) registered on June 13, 2019 with Wagle Estate Police Station; C.R.No.I-129/19 under sections 143, 144, 146, 147, 148, 149, 504, 506(II) of the IPC read with Section 3, 25 of the Arms Act read with Section 37(1) , 135 of the Maharashtra Police Act, 1951 registered on June 23, 2019 with Chitalsar Police Station; and C.R.No. I-73/19 under Sections 469, 500, 34 of IPC read with Section 66 (d) of IT Act 2000 registered on July 19, 2019 with Kopari Police Station.

(3.) A perusal of the allegations in C.R.No.I-83/2019 would reveal that three unknown persons on the instructions of the petitioner detenu had assaulted the complainant Shri Omkar Sangvekar on June 12, 2019 with kicks and also threw stones and kicked his vehicle. The passersby instead of helping the complainant ran away due to fear. Shopkeepers also closed their shops. One of the assailants sat in Scorpio which was driven by the petitioner detenu. The complainant stated that he knows the petitioner detenu as a habitual criminal.