AJIT KHIMJI UDESHI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is a petition filed by the petitioner under Article 226 of the Constitution of India seeking appropriate writ or direction for quashing application of provisions of section 5 of Terrorist and Disruptive Activities (Prevention) Act, 1987, in respect of C. R No. I 135 of 1991 of Virar Police Station.

(2.) IN order to consider the rival contentions raised before us, it would be appropriate to set out averment contained in the complaint dated 28-4-1991 lodged by the complainant Shri Ranjitkumar Raj Deshmukh at Virar Police Station (F. I. R. ). This complaint came to be registered by the Virar Police Station being C. R. No. I 135 for 1991. The allegations contained in this complaint may be briefly summarised as under :

(3.) IN the meantime, the Investigation Officer moved Superintendent of Police, Thane (Rural), with an application to apply provisions of the TADA Act against the petitioner (accused ). This application came to be granted on 17-9-1991 by the Superintendent of Police Thane (Rural ). Since the provisions of TADA Act were made applicable against the petitioner, the Investigating Officer moved the trial Court for cancellation of the bail, and it is common ground that the learned trial Judge, having regard to the provisions of TADA Act by the order dated 7-10-1991 cancelled the bail. It is also not disputed by the petitioner that after cancellation of his bail, he has not surrendered to police as per bail bond executed pursuant to the order dated 8-5-1991. In the meantime, the petitioner, on 27-12-1991 has filed the present writ petition challenging application of provisions of the TADA Act against him. This writ petition came up for admission on 20-1-1992 and this Court made Rule returnable on 10-2-1992. After hearing both the sides, this Court ordered that the order of bail dated 8-5-1991 passed by the Judicial Magistrate, F. C. , Vasai shall continue during the pendency of this writ petition. Certain other incidental directions were also given in the said order.