PRAMILA Vs. B N MISHRA

JUDGEMENT

(1.) THE present petition has been filed by the petitioner, who is mother of Bablul hemant s/c Narayan Mohite, challenging the detention order passed under Section 3 of Slum lords. Bootleggers. Drug Offenders and Dangerous Persons Act, 1981 (hereinafter referred to as m. P. D. A. Act ).

(2.) WE have heard Mr. Rajendra Daga for the petitioner and Mr. S. G. Lone, the learned A. P. P. for the State. Admittedly, the detention order has been passed on the basis of two criminal cases and three in-camera statements of the witnesses. The two criminal cases are in respect of Crime No. 3129 of 2000 registered by the Sakkardara Police Station, and Crime No. 375 of 1999, registered by the Kotwali Police Station.

(3.) THOUGH several grounds have been urged by the learned counsel for the petitioner, the only ground on which stress had been laid by the learned counsel for the petitioner is that the son of the petitioner i. e. the detenu was arrested by the Sakkardara Police Station in respect of the offence registered on 29-6-2000 and the detenu was released on bail on 30-6-2000. Therefore, according to the learned counsel for the petitioner the fact that the detenu was on bail when the order of detention came to be passed, was not considered by the Detaining Authority and the copy of the order releasing the detenu on bail had not been furnished to him. The learned counsel for the petitioner also drew our attention to the return filed on behalf of the respondent No. 1 in which it is contended that the Detaining Authority had knowledge that the detenu was on bail in Kotwali Police Station Crime No. 375/99 and in Sakkardara Police Station Crime No. 3129/2000. This is again reiterated by the first respondent by which it is stated that the detenu was released on bail on 30- 6-2000 by the Judicial Magistrate. First Class. Corporation Court No. 1.