NASIR ISMAIL MUJAVAR Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) By this petition, the petitioner is challenging the Detention order, D.O. No.1/PCB/DP/Zone X 2012 passed by the Commissioner of Police, Brihan Mumbai on 3rd February, 2012. By this order it was directed that the petitioner be detained under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug offenders and Dangerous Persons Act, 1981 (For short Act of 1981). Mr. C.D. Choudhari, under Secretary, Government of Maharashtra, Home Department (Special) Mantralaya has filed affidavit dated 15th June, 2012 opposing the petition. Mr. Arup M. Patnaik, Commissioner of Police, respondent no.1 has filed affidavit opposing the petition. Additional affidavit is also filed by Mr. Patnaik being affidavit dated 17 thAugust, 2012.

(2.) The Sponsoring Authority has based its recommendations for considering the case of the petitioner for detention on the basis of alleged involvement of the petitioner in the commission of an offence under Section 387 and 307 of IPC r/w Section 37(1), 135 of Bombay Police Act, 1951 registered with Andheri Police Station on 11 th October, 2011 vide C.R. No. 371 of 2011. Incamera statements of two persons have also been taken into consideration for considering the case of the petitioner for detention. It is noticed that against the petitioner, 6 proceedings were initiated by way of preventive actions. The Detaining Authority has considered the material placed before him and has passed the order of detention dated 3 rd February, 2012.

(3.) The grounds of detention were communicated to the petitioner by letter dated 3 rd February, 2012. The detention order has been approved on 9 th February, 2012. The order of detention has been confirmed by the State of Maharashtra on 12 th March, 2012. With these facts, we now turn to the grounds raised by the petitioner so as to challenge the detention order. We propose to deal with the challenge, ground wise.