RAJESH BABURAO MUDHALE Vs. M N SINGH

JUDGEMENT

(1.) BY this petition the petitioner-detenu has challenged the order of detention dated 21-2-2002 passed against him under the provisions of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders and Dangerous Persons Act, 1981 (No. LV of 1981) (Amendment-1996 ).

(2.) PURSUANT to the aforesaid detention order the petitioner was taken into custody on 25-2-2002. The said order was passed on the basis of two crimes registered against the detenu and two in-camera statements. The first C. R. pertains to the incident which took place on 13-11-2001 being C. R. No. 498 of 2001 registered at Vakola Police Station on the complaint of one Rajesh Tiwari for the offences under sections 171, 420 and 34 of I. P. C. The second C. R. was registered in respect of the incident which took place on 24-11-2001 being C. R. No. 510 of 2001 registered by the same Police Station for offences under sections 399, 402 of I. P. C. read with sections 3, 4 and 25 of the Arms Act i. e. for preparation of committing dacoity. Besides the above two crimes, two in-camera statements were recorded against the detenu, in which allegation is made that the detenu along with his associates collects hapta money from contractors, shop keepers and jewellers by giving threats on the points of revolver and chopper and had also entered in the shop of a witness, abused him and demanded money by holding out threats to him.

(3.) ON the basis of the aforesaid four incidents, the Detaining Authority was subjectively satisfied that the detenu was a weapon wielding desperado and had struck terror in the minds of people living in the areas of C. S. T. Road, Kalina and area near R. K. Hospital of Vakola Police Station and areas of Bharat Nagar, Dnyaneshwar Nagar, Shastri Nagar of Kherwadi Police Station and adjoining areas and had become a perpetual danger to the society at large and accordingly exercised the powers under the provisions of section 3 (1) of the M. P. D. A. Act.