LAWS(BOM)-2002-3-103

VIRENDRA ALIAS VIRU Vs. M N SINGH

Decided On March 16, 2002
Virendra Alias Viru Appellant
V/S
M N SINGH Respondents

JUDGEMENT

(1.) BY this writ petition, preferred under Article 226 of the Constitution of India, the petitioner - detenu Virendra @ Viru Gopichand Mayekar, has impugned the order, dated 10th October, 2001, passed by the first respondent, Mr. M.N.Singh, the Commissioner of Police, Brihan Mumbai, detaining the detenu, as a dangerous person, under Sub Section (1) of Section (3) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders and Dangerous Persons Act, 1981 (No. LV of 1981) (Amendment 1996) (hereinafter referred to as the MPDA Act). The order of detention alongwith the grounds of detention, which are annexures A and B respectively to this petition, were served on the detenu on 11.10.2001.

(2.) THE detention order is based on one CR, namely, CR No. 112 of 2001, registered on the basis of a complaint filed by Bhagwan Malevadkar, at R.A.K. Marg Police Station on 26.4.2001 under Section 386, 387, 34 of the IPC r/w 4, 25 of the Arms Act and two in - camera statements of the witnesses, namely, A and B.

(3.) SINCE in our view, the ground 6(B) and 6(D), can be decided without making detailed reference to the prejudicial activities of the detenu contained in one CR and the two in-camera statements, we are not adverting to them.