SACHIN KESHAV MARGAJ Vs. M N SINGH

JUDGEMENT

(1.) THROUGH this criminal writ petition, preferred under Article 226 of the Constitution of India, the petitioner-detenu Sachin Keshav Margaj, has impugned the order dated 10-1-2001, passed by the first respondent, Shri. M. N. Singh, Commissioner of Police, Brihan Mumbai, detaining him 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 10-1-2001, was served on the petitioner-detenu on 17-1-2000 and their true copies are annexed as Annexures 'a' and 'c' respectively to this petition.

(2.) A perusal of the grounds of detention (Annexure 'c') would show that the impugned detention order is based on one C. R. , namely, C. R. No. 100/2000, under sections 376 (2) (G), 506 (II) and 34 of the Indian Penal Code, registered on the basis of a complaint dated 11-5-2000, filed by one Kumari Lalita Khemchand Raj at R. C. F. Police Station, against the detenu and his associates and in-camera statements of three witnesses, namely, 'a', 'b' and 'c', which were recorded on 3-8-2000, 4-8-2000 and 5-8-2000 respectively. Since, in our view, a reference to the prejudicial activities of the petitioner-detenu, contained in the said C. R. and the in-camera statements, is not necessary for the disposal of this writ petition, we are not adverting to them.

(3.) GROUND 7 (h) has been replied to in paragraph 16 of the return of the detaining authority; paragraphs 3,4 and 5 of the return of Mr. Ramesh Bapurao Bhore, Police Sub-Inspector, attached to Prevention of Crime Branch, Crime Investigation Department (PCB-CID), Mumbai; and paragraphs 8,9,10,11,12 and 13 of the return of Mr. J. I. Patil, Police Sub-Inspector, attached to R. C. F. Police Station, Mumbai, the sponsoring authority.