NISAR JAINUDDIN MUJAWAR Vs. COMMISSIONER OF POLICE, SOLAPUR

JUDGEMENT

(1.) RULE. Rule made returnable forthwith. With the consent of the learned Counsel for the parties this petition is heard finally at the stage of admission.

(2.) BY this petition under Article 226 of the Constitution of India the petitioner prays for quashing and setting aside the detention order dated 15th January, 2011 issued under Section 3 of the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980, issued by the Commissioner of Police, Solapur, and prays for further direction to direct the respondents to release the petitioner forthwith.

(3.) WE have perused the grounds of detention and the detention order is based on the four offences which are registered against the petitioner and the two in-camera statements of witnesses 'A' and 'B'. The grounds of detention deal with in extenso with the aforesaid crimes. It is true that the detaining authority has referred to certain orders which had been passed by the Courts and which orders stand reflected in the documents provided to the petitioner. However, the detaining authority has not quoted the English portion of the documents provided to the petitioner at verbatim and therefore, the translation of the ground of detention would not amount to translation being provided of the portion in English of the documents on which reliance is placed by the detaining authority. The documents which are referred to in the grounds of detention are not made for the mere sake of reference to the detaining authority as relied upon on those documents for the purposes of arriving at the subjective satisfaction that detention of the petitioner is warranted. In that background therefore the contention of the learned A.P.P. that the documents are only referred to in the detention order and are not relied upon by the detaining authority is not correct.