PALANISWAMI LAXMAN Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) ONE Rajamma Kashi Devendra came to be detained under Section 3 (1) of the Maharashtra Prevention of Dangerous activities of Slumlords, Bootleggers and Drug Offenders Act, 1981 (hereinafter returned to as "the Act"), pursuant to the order dated 20th December, 1989 issued by the 1st Respondent the Commissioner of Police Greater bombay. The petitioner claims to be the brother of the said detenue. The petitioner has filed this petition for habeas corpus under Article 226 of the Constitution, challenging the legality and correctness of the said detention order.

(2.) IN the grounds of detention, the detaining authority for its subjective satisfaction to issue the detention order, relied upon the four incidents and the statements of three witnesses. The first incident took place on 10th March, 1989 and the last one on 20th June, 1989. In all these incidents either the detenu herself or her associates were involved in bootlogging and on apprehending them, illicit liquor was seized from them. The quantity of illicit liquor does not appear to be more than 30 litres in each case. The cases have been lodged in regard to these incidents and they are pending in the appropriate criminal courts

(3.) THE detenu came to be arrested in all these cases but came to be released on the same day. The statements of three witnesses who were described in the grounds of detention as 'a', 'b' and 'c' were recorded on 24th June, 1989 by the police authorities. All these witnesses state that the detenu has threatened them with dire consequences on the footing that these witnesses were the police informants about the prejudicial activities of the detenue. These witnesses refer to the incidents, in which they were given threats, dated 20th March 1989, 5th May 1989 and 30th may, 1989.