AMIT RAKESH JANBANDHU Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY this petition, the petitioner is challenging the detention order dated 27-7-2001, issued by the Commissioner of Police, Nagpur, under section 3 of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders and Dangerous Persons Act, 1981 (hereinafter referred to as the Act ) and is seeking an order of quashing the said detention order by invoking the writ jurisdiction under Article 226 of the Constitution of India.

(2.) FACTS: the petitioner, a young boy aged about 18 years, was served with the order of detention, passed by respondent No. 2 on 27-7-2001 alongwith the annexures and translation, in Nagpur Central Prison on 30-7-2001 through the Jail Authority. The copy of the order of detention is annexed at Annexure 1 and the grounds of detention are annexed at Annexure 2 of the petition. In the grounds of detention, the Commissioner of Police has stated that since April 2001, the petitioner has been found to be engaged in the commission of violent and desperate acts such as robbing the people at the point of deadly weapons, murder, attempt to murder etc. and, therefore, by virtue of the said acts, he has caused terror and feeling of insecurity in the minds of the peace loving and law abiding citizens residing in the area of Police Station M. I. D. C. Nagpur. In the detention order, the respondent No. 2 has given particulars of the offences which were considered for passing the detention order. In the said paragraph, three offences have been mentioned viz. Cr. No. 56/01 registered at Police Station, M. I. D. C. Nagpur, under sections 302, 307 read with section 34 of the Indian Penal Code, which complaint was lodged on 8-4-2001 and the alleged incident took place on 7-4-2001 at 23. 15 hours at night. The particulars of the said offence have been mentioned in the said Para No. 4 of the grounds which were served on the petitioner. The charge-sheet in this case was filed on 4-7-2001. The second offence which has been considered is Cr. No. 57/01 registered at M. I. D. C. Police Station under section 392 read with section 34 of the Indian Penal Code. The said offence was registered on the complaint of one Bhikan s/o Parsadi Mandal on 8-4-2001 which was in respect of committing robbery at the point of deadly weapon. The charge-sheet in this case is filed before the Judicial Magistrate, First Class, Court No. 9 on 11-6-2001. The third offence which has been considered by the respondent No. 2 is Cr. No. 104/01 registered at Gittikhadan Police Station under section 392 read with section 34 of the Indian Penal Code. The said offence was registered on 10-4-2001 on the complaint of Shri Laxman Kannyalal Kanojiya. The charge-sheet in this case has been filed on 28-5-2001 before the Judicial Magistrate, First Class, Court No. 6 and is pending trial. Apart from these three criminal cases, the respondent No. 2 also relied on in camera statements of two witnesses, the details of which are given in Para No. 5. 1 and 5. 2.

(3.) IT is an admitted position that the petitioner is in jail from 13-4-2001 and has not preferred any application for bail till today. Respondent No. 2, in Para 7 of the order, has observed as follows :