GANESH SAKHARAM BHOSALE Vs. M N SINGH

JUDGEMENT

(1.) THROUGH this criminal writ petition, preferred under Article 226 of the Constitution of India, the petitioner, who is the brother of the detenu Jayesh Sakharam Bhosale, has impugned the order dated 19-2-2001, passed by the first respondent, Shri. M. N. Singh, Commissioner of Police, Brihan Mumbai, detaining the detenu under sub-section (1) of section 3 of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders and Dangerous Persons Act, 1981 (No. LV) of 1981 (Amendment 1996), hereinafter referred to as the "mpda Act". The detention order along with the grounds of detention, which are also dated 19-2-2001, was served on the detenu on 3-3-2001 and their true copies are annexed as Exhibits 'a' and 'c' respectively to this petition.

(2.) A perusal of the grounds of detention (Exhibit 'c') would show that the impugned detention order is founded on one C. R. , namely, C. R. No. 427/2000, under sections 324 and 506 (II) of the Indian Penal Code, registered on the basis of a complaint dated 1-10-2000, lodged by one Kalidas Ranchoddas Patel at Dindoshi Police Station and the in-camera statements of two witnesses, namely, 'a' and 'b', which were recorded on 17-11-2000 and 18-11-2000 respectively. It is pertinent to mention that the details in repect of the said C. R. and the in-camera statements are contained in paragraph 5 of the grounds of detention.

(3.) ALTHOUGH in this writ petition Mrs. Pradhan has pleaded a large number of grounds, numbered from 6 (A) to 6 (N), she has only pressed before us four grounds, namely those pleaded as grounds 6 (N), 6 (H), 6 (C) and 6 (M).