RAMJIT DEVNARAYAN PANDEY 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 the husband of the detenu Smt. Shashikala Ramji Pande, has impugned the order dated 3rd August, 2001 passed by the first respondent Mr. M. N. Singh, Commissioner of Police, Brihan Mumbai, detaining the detenu under sub-section (1) of section (3) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders and Dangerous Persons Act, 1981 (hereinafter referred to as the M. P. D. A. Act ).

(2.) THE detention order alongwith the grounds of detention, which are also dated 3rd August, 2001, was served on the detenu on 4th August, 2001 and their true copies have been annexed as Exhibits A and B respectively to this petition.

(3.) THE prejudicial activities of the detenu which promoted the first respondent to pass the impugned order against him are mentioned in the grounds of detention (Exhibit B ). Their perusal would show that the impugned order is founded on one L. A. C. , namely, L. A. C. No. 572/2001 under section 52 r/w. 43 of the M. R. T. P. Act, registered on the basis of a complaint dated 13-3-2001, lodged by Kamlesh Rodmal Bhutta at Borivali Police Station and in-camera statements of four witnesses, namely, A, B, C and D which were recorded on 20-6-2001, 23-6-2001, 25-6-2001 and 26-6-2001 respectively. A perusal of paragraph 5 of the grounds of detention would show that the detenu has been detained as a dangerous person in terms of section 2 (b-1) of the M. P. D. A. Act.