LAWRENCE KAITAN KOLI Vs. S.V. BHAVE

JUDGEMENT

(1.) THE petitioner -detenu has been detained by an order dated July 12, 1990 issued by the 1st respondent under Section 3(1) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers and Drug -Offenders Act, 1981 (hereinafter referred to as 'the M.P.D.A. Act'). The petitioner detenu was detained on July 27, 1990 in pursuance of the said order. He has been committed for detention at Nashik Road Central Prison, Nashik. The petitioner -detenu was served with order of detention along with the order of committal to prison, the grounds of detention and the documents on the basis of which the order of detention came to be issued.

(2.) SHRI U.N. Tripathi, learned advocate appearing for the petitioner, has challenged the order of detention on various grounds. However, he has restricted his submissions only to ground 6 J. of the petition as amended. Briefly stated, it is his contention that the impugned order of detention passed by the Commissioner of Police, Greater Bombay, the 1st respondent to this petition, is without authority of law inasmuch as there was not valid conferment of power on the said authority by the Stale Government. He contends that while issuing the order of delegation and conferment, the State Government has not applied its mind to the circumstances prevailing or the alternative circumstances that were likely to prevail in future. He pointed out that while issuing the order of conferment the Stale Government has bodily lifted the words and phraseology from Section 3(2) of the M.P.D.A. Act. He relied upon the latest view expressed by the Supreme Court in the case of Abhay Shridhar Ambulkar v. S.V. Bhave, Commissioner of Police : AIR1991SC397 .

(3.) IN order to appreciate the above submissions, it is necessary to reproduce Section 3 of the M.P.D.A. Act: