HARSHAD JIVANRAO MUNDKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This petition is filed to challenge the order dtd. 25/5/2023 passed by respondent no. 2-Commissioner of Police, Thane in exercise of powers conferred by sub-sec. (2) of Sec. 3 of The Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug-offenders and Dangerous Persons, Video Pirates, Sand Smugglers and Persons Engaged in Black Marketing of Essential Commodities Act, 1981 ('MPDA'Act) for detaining, Tirupati @ Atharva Jivanrao Mundkar. Petitioner is the brother of the detenu.

(2.) Perusal of the detention order indicates that the detaining authority has relied upon a complaint registered against the detenu vide CR No. 388 of 2022 on 1/12/2022 for offences punishable under Ss. 324, 323, 504, 506 and 34 of the Indian Penal Code. The allegation against the detenu in the said CR is that though there was no dispute between the complainant and the detenu, he threatened and assaulted the complainant and his brother. It is alleged that the complainant saw the detenu fighting with his parents and brother, however though the complainant ignored the same, the detenu abused the complainant in filthy language and assaulted him when the complainant questioned him as to why he was unnecessarily abusing him. It is further alleged that the detenu threatened the complainant with dire consequences, and when the complainant went towards his home, the detenu came there with an iron rod accompanied by his brother. The detenu and his brother assaulted the complainant and the complainant's brother with an iron rod. It is further alleged that the detenu also threatened the people around when tried to help the complainant. Thus, even the people gathered around were scared and ran away to their houses and shut their doors. The detaining authority has referred to and relied upon the medical certificate in the said case. The detenu was transferred from Chitalsar police station in connection with CR No. 280 of 2022 and was taken into custody in the CR No. 388 of 2022 and produced before the magistrate on 6/12/2022. The detenu was released on bail pursuant to an order dtd. 6/12/2022. The detaining authority has referred to the statements of five witnesses in connection with the said case who have corroborated the facts of the case, and it appears from the detention order that the said case is pending in the court.

(3.) The detaining authority has relied upon two in-camera statements recorded on 25/4/2023 and 27/4/2023 with reference to the incidents that occurred in the second week of April 2023 and the third week of April 2023, respectively. Witness 'A' has alleged that the detenu and his associates came near the witness and threatened him by holding the knife at the witness's stomach for extortion of money. It is alleged that the detenu threatened the people around not to come in the way to help the witness. It is thus alleged that the detenu by threatening the witness, extorted money from him. Witness 'A' has made allegations that the detenu and his associates carry deadly weapons and roam around in the area, and extort money by threatening the people around. It is alleged that the detenu eats in the hotels but does not pay the bill amounts; hence, the residents of that area, traders and labourers were disturbed and scared of the detenu. The witness has made a specific allegation against the detenu that he and his associates threatened and assaulted the witness by using knife and extorted money from the witness. It is further alleged that he threatened the people around by waving his knife and told them not to come in between the witness and the detenu. Thus, it is alleged that due to fear of the detenu, the people around ran away.