MOHAMMED ASLAM AZAD SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

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

(2.) The Petitioner / Mohammed Aslam Azad Shaikh who is the father of detenue namely Mohmmed Rafiq Aslam Azad Shaikh has preferred this Petition questioning the preventive detention order passed against detenu on 13th November 2019 by Respondent No. 2 ­ Commissioner of Police, Railways, Mumbai. The said detention order has been passed under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug offenders, Dangerous persons and Video Pirates, Sand Smugglers and persons engaged in Black-marketing of Essential Commodities Act, 1981 (hereinafter referred to as 'MPDA Act'). The said detention order has been issued as according to the detaining authority, Detenu is a Dangerous person whose activities are prejudicial to the maintenance of public order. The detention order is based on Crime i.e. C.R. Reg. No. A-2974 of 2019 dated 18th August, 2019 registered with Thane Railway Police Station for the offence punishable under Section 392 read with Section 34 of the Indian Penal Code, and two in-camera statements of witnesses 'A' and 'B' recorded on 22-10-2019 and 24-10-2019 respectively.

(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 has pressed five grounds before us i.e. ground nos. 'j', 'k', 'l', 'm' and 'n'. Those grounds are reproduced herein below in verbatim.