NASIR MOHD YUSUF KHAN Vs. M N SINGH

JUDGEMENT

(1.) THROUGH this petition preferred under Article 226 of the Constitution of India the Petitioner-detenu Nasir Mohamed Yusuf Khan, has impugned the order dated 16.3.2001 passed by the 1st 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 also referred to as the M. P. D. A Act ). The detention order along with the grounds of detention, which are also dated 16.3.2001, was served on the Petitioner-detenu on 18.3.2001 and their true copies are annexed as Annexures 'a' and 'b' respectively to this writ Petition.

(2.) A perusal of the grounds of detention (annexure 'b') would show that the impugned order is founded on one C. R. viz. C. R. No. 404/2000 under Section 302 I. P. C. read with 3, 25 of the Arms Act, registered on the basis of a complaint dated 11.11. 2001 lodged by the detenu himself at Nehru Nagar Police Station and in-camera statements of two witnesses, viz. , A and B which were recorded on 1. 1. 2001. A perusal of para 5 of the grounds of detention would show that the detenu has been detained as a dangerous person under 2 (b-1) of the M. P. D. A. Act.

(3.) GROUND 6 (ii) has been replied to in para 11 of the return of the Detaining Authority wherein in substance it has been averred that the prejudicial acts attributed to the petitioner-detenu in the grounds of detention unequivocally show that the petitioner-detenu was committing acts prejudicial to the maintenance of public order in the sense in which the expression is used under Section 2 (a) coupled with the explanation thereto of the M. P. D. A. Act.