VITHAL MORESHWAR KHANDAGALE Vs. J F RIBERIO

JUDGEMENT

(1.) The petitioner himself a detenu has been served with the impugned order dt. September 8, 1981 issued by the Commissioner of Police, Thane Region, presumably under Section 3 of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers and Drugoffenders Ordinance (shortly stated as the Ordinance), inter alia alleging that it was essential to detain him with a view to prevent him from acting in any manner prejudicial to the maintenance of public order. The other details and allied aspects pertaining to his detention have been reflected in a separate order of even date. This was also found in the grounds communicated to the detenu on the same day. The gravamen of the said grounds pertaining to the so-called nefarious activities of the detenu pertains to a liquor den, which according to the detaining authority gets a label of bootlegging activities.

(2.) The said grounds contain several items. Before cataloguing the said items it is mentioned therein that the detenu has been dealing in the contraband liquor by storing and selling the same in the premises which are in his occupation and control and the second part also relates to his activities being conducted through hirelings. Then we have the details of the activities of the said hirelings. It is alleged that on 25-5-1981 when the said premises were raided one Antony P. Ramchandra was found physically present on the premises and illicit liquor was also found, for which a case has been lodged in the Court, The second ground pertains to a similar raid effected on 28-11-1980 when the same person was found with similar contraband liquor for which also a separate prosecution has been lodged. Item No. 3 pertains to the raid dt. 25-12-1980 with the same pattern except the persons found there were one Yaswant Jaywant Patil and Kashinath Jairam. A similar raid was effected on 25-1-1981 when the same person Jairam along with others was found along with contraband, for which also a separate prosecution has been lodged. The fifth item pertains to the raid dt. 8th July 1981 when only the person has been substituted by one Jagan Babu while the pattern remained the same. The sixth, 7th and 8th items pertain to the raids effected on 17th July, 21st July and 20th August 1981 respectively, when different persons were found with the contraband on the premises, for which separate prosecutions have been lodged. It is out of these eight items that the detaining authority alleged that on only one occasion the detenu was physically present along with others when apart from the contraband, certain glasses were also found, indicating that they might be indulging in the process of consuming liquor. It is further claimed that there are certain factory premises temples and school building in the vicinity. It is also alleged that the two persons by name Nivrutti Antade and Vilas Shinde tendered separate applications dt. 2-12-1980 alleging certain threats having been administered by the detenu to both of them. It is on these allegations and grounds that the detaining authority is presumed to have concluded at the fag-end of the grounds that the activities may tend to obstruct the public order.

(3.) It is this order along with other grounds that is being impugned in this petition on behalf of the detenu.