LAWS(BOM)-2002-1-70

RENUKA RAMESH SALVI Vs. STATE OF MAHARASHTRA

Decided On January 09, 2002
RENUKA RAMESH SALVI Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) THROUGH this writ petition preferred under Article 226 of the Constitution of India, the Petitioner who styles herself as the wife of the detenu Ramesh Ganpat Salvi, has impugned the order dated 8.6.2001 passed by the 2nd Respondent Mr. M. N. Singh, Commissioner of Police, Brihan Mumbai detaining the detenu 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 ). The detention order along with the grounds of detention, which are also dated 8.6.2001, was served on the detenu on 11.6.2001 and their true copies are annexed to this petition.

(2.) A perusal of the grounds of detention would show that the impugned detention order is founded on one C. R. , i. e. C. R. No. 112/2001 under Sections 326, 34 I. P. C. , read with 4, 25 of the Arms Act, registered on the basis of a complaint dated 14.3.2001, lodged by Premkumar Jaiswal at Malad Police Station and in-camera statements of two witness viz. , witnesses A and B, which were recorded on 25.04. 2001.

(3.) MR. B. R. Patil, Acting Public Prosecutor, appearing for the respondents, neither disputes the aforesaid infirmity in translation nor disputes the factum of Criminal writ Petition No. 1355/2001 being allowed by this Bench on account of the aforesaid infirmity.