MUKESH Vs. VIVEK PHANSALKAR

JUDGEMENT

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

(2.) The Petitioner / detenu has preferred this Petition questioning the preventive detention order passed on 31st October 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, 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 the according to the detaining authority, Petitioner / 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. I-196/2019 dated 12th May, 2019 registered with Khadakpada Police Station for the offences punishable under Sections 326, 504, 506, of Indian Penal Code read with Section 142 of the Maharashtra Police Act, C.R. i.e. II-320/2019 dated 10th September, 2019 registered with Khadakpada Police Station for the offences punishable under Sections 4 (25) of Arms Act read with Section 37 (1), 135 of Maharashtra Police Act and C.R. I-355/2019 dated 16th October, 2019 registered with Khadakpada Police Station for the offences punishable under Sections 394 of the Indian Penal Code read with Sections 37(1), 135 of Maharashtra Police Act, and two in-camera statements of witnesses 'A' and 'B' recorded on 05-09-2019 and 19-08-2019 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 following grounds before us i.e. ground Nos. 'C', 'D', 'E', 'F','H', 'I', 'J', 'K', 'L', 'O', 'P' and 'S'. Those grounds are reproduced herein below in verbatim.