GOBIBAI V GHANAVAT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioner, who is the wife of the detenu by name Valmiki Tulshiram Dhanawat, has challenged the order of detention issued by the Commissioner of Police, Pune for detention of the detenu under the provisions of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders and Dangerous Persons Act, 1981 (Amendment 1996 ).

(2.) IT is alleged that the detenu was dealing in illicit liquor. He was involved in following criminal cases registered against him under the provisions of the Bombay Prohibition Act: on 31st July, 2001 information was received that the detenu and his hirelings were transporting illicit liquor in a car. Therefore, Head Constable along with the staff and panch witnesses carried out a raid and accosted white maruti van in front of Kusalkar bungalow at about 4. 00 hrs. The detenu ran away from the maruti van leaving two plastic cans on the spot which contained 60 litres of illicit liquor which was seized by the police under the panchanama. Crime was registered under C. R. No. 6150/01 at Chatushringi Police Station for offence under section 66 (1) (b) of the Bombay Prohibition Act. The detenu was arrested on 7-8-2001 and thereafter released on bail. In the said C. R. Criminal Case No. 707 of 2001 is pending trial. Again on 13-10-2001 acting on the information P. S. I. Bhalke along with the staff and panchas carried out the raid at about 13. 10 hours in the square of Pune University in car bearing No. MHW-1259 when 35 litres of illicit liquor was found. The said illicit liquor was found in one plastic can in the car which was attached by the police under the panchanama. The crime came to be registered for offence under section 66 (1) (b) of the Bombay Prohibition Act under C. R. No. 6171/2001. The detenu was arrested on the same day and thereafter released on bail on 14-10-2001 by the J. M. F. C. The charge-sheet was submitted on 9-11-2001 and the case is pending trial. Thereafter on 26-4-2002 on the basis of the information the Assistant Sub-Inspector of Police Yele along with staff and panch witnesses carried out raid in the open place in front of the detenues house at Sanjay Gandhi Colony, Pashan Village, Pune at about 20-30 hours when the detenu was found in possession of a plastic can and two glasses smelling of liquor. The plastic can was containing five litres of illicit liquor. The same were seized under the panchanama and the crime was registered for the offence under section 66 (1) (b) of the Bombay Prohibition Act under C. R. No. 6046/2002. The detenu came to be arrested on the same day and was released on bail by the J. M. F. C. on 27-4-2002. In respect of the said seizure Criminal Case No. 45 of 2002 is pending trial. Lastly on 30th April, 2002 P. S. I. Galinde, P. I. Yeole and police staff received information at Chatushringi Police Station that the detenu along with three/four associates was moving in Lamantanda Vasti, Pashan with swords and sticks and inquiring menacingly with the public as to who had informed the police about his business of illicit liquor and to carry out raid on 26-4-2002 and threatening to chop off hands and legs of such persons. On receiving the said information the Police Inspector Galinde along with police staff went to the spot and found that many shops were closed, some were half open and very few vehicles or persons were seen on the road. The people were not ready to speak and were asking for police protection. When some of the shop keepers were taken into confidence they disclosed to the police that prior to the arrival of the police two-three goondas along with the detenu had threatened to cut off their hands and legs and, therefore, P. S. I. and police staff carried out raid on the detenus house where they found two sharp edged sattoors and a plastic can containing five litres of illicit country liquor. At the time of the raid son of the detenu by name Sunil was present there. The sattoors and liquor were seized under panchanama and crime was registered against the detenu for offence under section 37 (1) read with section 135 of the Bombay Police Act and under section 66 (1) (b) of the Bombay Prohibition Act at Chatushringi Police Station vide C. R. No. 3072 of 2002. The detenu came to be arrested on 9th June, 2002 at 16. 00 hours and was released on bail by the J. M. F. C. on 10th June, 2002.

(3.) THEREAFTER the police had recorded in-camera statements of two persons, the gist of which is as follows: witness "a" had stated that on 2-4-2002 at about 19. 00 hours when he was in his courtyard along with the members of his family, people from his locality were seen running helter skelter saying Valyadada had come. The residents started closing the doors of their houses. The detenu came there with sword and shouted why they were running and challenged them to come one by one he would tear them off as they were informing the police about his illicit liquor business. He abused and threatened the witness and gave him fist blows and kicked and pushed him down. Thereafter he pointed the sword on the stomach of the witness and threatened him of dire consequences if he opposed or informed the police about his illicit liquor business. The witness did not lodge any complaint due to the fear.