ASIF SHAIKH Vs. COMMISSIONER OF POLICE MUMBAI CITY

JUDGEMENT

(1.) This petition is filed challenging the order dtd. 22/6/2023, passed by respondent no. 1-Commissioner of Police, Mumbai in exercise of the power conferred under 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 Essential Commodities Act, 1981 ('MPDA Act') for detaining the petitioner.

(2.) A perusal of the detention order indicates that the detaining authority has relied upon the incidents referred to in paragraph 8 of the detention order. The detaining authority has relied upon the complaint registered against the petitioner vide CR No. 18 of 2023, dtd. 12/2/2023, registered for offences punishable under Sec. s 385, 386, 323, 504, 506(ii) of the Indian Penal Code ("IPC") read with Sec. s 4, 25 of the Arms Act.

(3.) The allegations against the petitioner in the said CR are that he threatened and assaulted the complainant as he asked for money for taking kebabs from the handcart of the complainant. The complainant has alleged that the petitioner threatens the public at large by brandishing weapons and creating terror amongst people. Hence, the complaint was registered against him. The detaining authority has further recorded that during the course of the investigation, the petitioner was arrested on 19/2/2023 and released on bail on 30/5/2023 as per order dtd. 26/5/2023.