FIROZ KHAN ALIAS AABU Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Through this writ petition, preferred under Article 226 of the Constitution of India, the petitioner, who is wife of the detenu, has challenged order of detention dated 31.12.2010 passed by respondent No.2 Commissioner of Police, Nagpur. By the said order the detenu has been detained for a period of one year under sub section (1) of Section 3 of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders, Dangerous Persons And Video Pirates Act, 1981 (hereinafter referred to as MPDA Act ). The Order of Detention along with the grounds of detention and annexures were served on the detenu on 10.01.2011.

(2.) The detention order is based on three C.R.S. i.e. CR. No.109 of 2010 of Sitabuldi Police Station and CR. No.79 of 2010 and CR. No.131 of 2010 of Sakkardara Police Station. C.R. No.109 of 2010 is under section 363, 324 read with 34, Crime No.79 of 2010 is under Section 324 read with Section 143, 147, 148 and 149 of the Indian Penal Code and Crime No.131 of 2010 is under Sections 385, 452, 294, 506 II read with Section 34 of the Indian Penal Code. In the first case i.e. Crime No.109 of 2010 a young boy was picked up from Zanshi Rani Chowk at about 7.00 p.m. he was forcibly dragged and put in a car. A piece of cloth was forcibly stuffed in the mouth of the boy then he was assaulted. In relation to this incident crime came to be registered against the detenu and his associates.

(3.) In crime No.79 of 2010 the detenu and his associates armed with swords, spears and Khukari came to the house of the complainant. They started abusing him in filthy language and told him that they will not allow him to reside in the said area. When the complainant asked what he had done, the detenu got angry and assaulted the complainant with Khukari. The third C.R. is registered in relation to offence of extortion.