BAPURAO SHANKAR CHAVAN Vs. M N SINGH

JUDGEMENT

(1.) THROUGH this writ petition preferred under Article 226 of the Constitution of India, the petitioner who describes himself as friend of the detenu kashinath Namdeo Naravade has impugned the detention order dated 4-8-2000 passed by the First Respondent Mr. M. N. Singh, Commissioner of Police, Greater Bombay detaining the detenu under sub-section (1) of section 3 of Maharashtra prevention of Dangerous Activities of Slumlords, bootleggers, Drug Offenders and Dangerous Persons Act, 1981 (No. LV of 1981) (Amendment No. 1996 ). The detention order along with the grounds of detention which are also dated 4-8-2000 was served on the detenu on 20-8-2000.

(2.) A perusal of the grounds of detention would show that the impugned order is founded on one C. R. Namely C. R. No. 53 of 2000 under section 447, Indian Penal Code read with section 26 (1) and 30 of the Indian Forest Act, 1927 registered on the basis of a complaint dated 8-3-2000 lodged by one Bhimrao Laxman Chougule at Kandivli (East) Police station and in-camera statement of three witnesses namely A (recorded on 8-5-2000, B (recorded n 8-5-2000 and C (recorded on 9-5-2000 ).

(3.) SINCE in our view a reference to the prejudicial activities of the detenu contained in the grounds of detention is not necessary for the adjudication of ground nos. 6 (C) and 6 (E) pleaded in the petition, on which grounds in our view this writ petition deserves to be allowed, we are not adverting to them.