DHARMENDRA KAMLAKAR TANGADI Vs. COMMISSIONER OF POLICE, THANE

JUDGEMENT

(1.) RULE is made returnable forthwith. Counsel for the Respondents waive notice. Heard finally forthwith, by consent.

(2.) THIS habeas corpus Petition is filed by the brother in law of the detenu Shri. Janardan @ Janyadada Chintaman Bhoir, who has been detained under the order of the Commissioner of Police, Thane, dated 10 th February, 2012, passed in exercise of powers conferred under Section 3(2) of The Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug offenders and Dangerous Persons Act, 1981 (hereinafter referred to as MPDA Act ). This order is challenged in the present Petition.

(3.) THE detenu was taken into custody and was served with copy of the order and the grounds of detention, directing his detention with a view to prevent him from acting in any manner prejudicial to the maintenance of public order, in future. He has been detained in Yerwada Prison, Pune. The grounds of the detention, refer to the background necessitating the detention of the detenu as his activities were found to be violent and terrorising criminal character as per the record of Narpoli Police Station, Thane. In the Gunda Register, maintained at the Police Station, cases have been registered against him for indulging in criminal activities since 1995, such as, murder, riots, attempt to commit murder, abduction, hurt, grievous hurt, extortion, wrongful restrain, restraining the Government servant in his lawful work etc., punishable under the provisions of Indian Penal Code, as also of illegal possession of weapons, punishable under the Bombay Police Act. It is noted that the detenu has no ostensible means of livelihood. He moves in the area with weapons and do not hesitate to use the same in commission of offences. He has chosen criminal activities as his means of livelihood.