SANJAY KALPANATH PANDEY Vs. M N SINGH

JUDGEMENT

(1.) THROUGH this writ petition preferred under Article 226 of the Constitution of India, the petitioner detenu - Sanjay Kalpanath Pandey has impugned the order dated 19/2/2001 passed by the First Respondent Mr. 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 19/2/2001, was served on the petitioner - detenu on 3/3/2001 and their true copies are annexed as Annexures A and B respectively to this petition.

(2.) A perusal of the grounds of detention would show that the impugned order is founded on one C. R. namely C. R. No. 427 of 2000 under sections 324, 506 (2) IPC registered on the basis of a complaint lodged by one Kalidas Ranchoddas Patel on 1/10/2000 at Dindoshi Police Station, and in camera statement of two witnesses namely A and B which were recorded on 17/11/2000 and 18/11/2000 respectively.

(3.) WE now propose considering the said grounds. WE begin with ground no. 7 (A ). Ground no. 7 (A), in short is that the conclusion drawn by the detaining authority in terms that the detenu is a dangerous person within the meaning of the M. P. D. A. Act is erroneous and baseless as there is no cogent material to reach a conclusion that the detenu is likely to indulge in similar activities. It has been averred that in the said circumstances, the subjective satisfaction of the detaining authority is vitiated and the detention order is rendered illegal and bad-in-law.