(1.) This petition is filed to challenge the order dtd. 30/1/2023 passed by respondent no. 2-Commissioner of Police, Greater Mumbai in the exercise of powers conferred by sub-sec. (2) of Sec. 3 of The Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug-Offenders, Dangerous Persons, Video Pirates, Sand Smugglers and Persons Engaged in Black-Marketing of Essential Commodities Act, 1981 ('MPDA' Act) for detaining the petitioner's husband - Rizwan Hamid Sayyad @ Rijju.
(2.) The detention order is passed by relying upon a complaint registered against the petitioner vide CR number 732 of 2022 dtd. 30/10/2022 for the offence punishable under Secs. 326, 504, 506(2) of IPC and Sec. 184 of the Motor Vehicles Act. The allegations against the detenu are pertaining to the incident dated 28 th October 2022. It is alleged that when the complainant reached the construction site, an autorickshaw driven at a very high speed stopped beside him, and it came close to the complainant's motorcycle. Since the complainant questioned the detenu for driving at a high speed, the detenu dashed the complainant's motorcycle by his auto rickshaw. It is also alleged that the detenu abused and assaulted him with an iron rod. The detenu was arrested on 31/10/2022 and was granted bail on 23/1/2023.
(3.) The detaining authority has also relied upon two in-camera statements recorded on 16/12/2022 and 19/12/2022, referring to incidents of the second week of October 2022 and the third week of October 2022, respectively. Witness 'A' of the in- camera statement has alleged that the detenu got down from the rickshaw and threatened and assaulted the witness. It is alleged that seeing 2-3 people coming to help the witness, the detenu took out a knife from his pocket brandished it and threatened the people around. Witness 'B' of the in-camera statement has stated that when he was walking, the detenu and his associates accosted him and assaulted him. It is further stated that the detenu and his accomplices threatened and assaulted the witness and extorted money from him.