VERONICA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) PETITIONER is the sister of Raju alias Philips Kamalakar Shirsat, who is a resident of Byculla (W), Mumbai. Raju has been detained under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders and Dangerous Persons Act by order dated 14th November, 2000. The petitioner challenges the said detention order on the following grounds :-

(2.) APART from the above grounds, the learned Counsel for the petitioner raised another ground at the time of hearing:-

(3.) THE Police Commissioner, Brihan Mumbai, Mr. M. N. Singh, has filed reply in this writ petition refuting the allegations contained in the Writ Petition. He has stated that the petitioner is a weapon wielding desperado who is required to be detained under the Act because of his criminal records. In paragraph 10 of the reply, the Police Commissioner stated that Crime No. 102 of 2000 was registered against the detenu on 5-6-2000 and during the course of investigation of that offence, it is revealed that the detenu had committed several offences and witnesses were not willing to come forward to make any complaint openly against the detenu due to reign of terror unleashed by the detenu. After giving proper assurances to them, at least two witnesses, namely A and B, came forward to give their statements. In the in-camera statements, it is revealed that the detenu is a notorious goonda and is affiliated to "arun Gawali Gang" and he is threatening people for extorting money from them. Regarding the delay in passing the detention order, the Police Commissioner has stated in Paragraph 14 that :-