KAILASH NANDVALHAR JOSHI Vs. P S PASCRICHA

JUDGEMENT

(1.) BY this Petition under article 226 of Constitution or India, the petitioner-detenu has taken exception to the order of detention dated 31st January, 2004 passed by the Respondent No. 1 under Section 3 (2) of Maharashtra Prevention of Dangerous activities of Slumlords, Bootleggers, Drug offenders and Dangerous Persons Act, 1981 (hereinafter referred to as MPDA Act ).

(2.) THE order of detention was served on the Petitioner-detenu on 4th February, 2004. The order of detention is based on one criminal case registered against the Petitioner under section 307 read with Section 34 of Indian Penal code vide C. R. No. 231 of 2003 dated 4th July, 2003 by Malad Police Station, Mumbai. The order of detention is also based on the complaint against the Petitioner under Section 37 (1) (a)read with Section 135 of Bombay Police Act, 1951 vide L. A. C. No. 1551 of 2003 and two in-camera statements of witnesses 'a' and 'b'.

(3.) ONE Saibaba Anjanellu kodapuram is the complainant in C. R. No. 231 of 2003. The allegation of the complainant is that is he a student residing at Malad, Mumbai along with his parents and two brothers. He had appeared for S. Y. B. com. examination and was waiting for the result. His father is running a cloth ironing business near his residence and during the vacations the complainant is helping his father in the business. Therefore, the complainant knew most of the customers of his father who regularly visit the shop of his father for ironing their clothes. There is one person by name Sony residing in the same locality who frequently used to visit his shop and he used to pay bill on weekly basis. On 4th July, 2003 at about 9. 00 a. m. when the complainant was present in the shop, the said Sony visited the shop for ironing his clothes. The said Sony had not paid a pending bill of Rs. 42/- and therefore the complainant insisted that Sony should pay pending bill first. On that there was an exchange of hot words between the complainant and said sony. The said Sony abused the complainant and went back after giving threat that he would see him in the evening. At about 4. 00 p. m. on the same day, the Petitioner along with his associates viz. Sony, Rashid Khan and Sujit rathod went to the shop of the complainant and started assaulting the complainant on his face with fist blows. At that time the Petitioner and his associates stabbed the complainant in his abdomen by saying that he will get money in the heaven. The other associate of the Petitioner sujit also stabbed the complainant with a knife on the left side of the chest. The complainant received several stab injuries and was bleeding profusely. He was trying to cover the stab injuries on his abdomen by putting his hand. At that time the Petitioner stabbed the complainant on his head with knife as a result of which he collapsed in the shop. Even thereafter, the Petitioner's associate Rashid khan kicked the complainant. When the complainant shouted for help, one of the neighbours, his father and his brother rushed for help. At that time the Petitioner and his associates went out of the shop brandishing weapons and threatening the public to teach a lesson if anyone of them comes forward. Due to the said threats the people on the road started running helter skelter. The adjoining shopkeepers pulled down the shutters of their shops. Thereafter, the Petitioner and his associates went away. The complainant was taken to Bhagwati Hospital for medical treatment wherein he was admitted. The C. R. was registered on the same day. The associates of the Petitioner Sujit Rathod and Sony were arrested on 6th July, 2003 and 9th July, 2003 respectively and the other associate Rashid khan was nabbed on 11th August, 2003. On 12th and 13th July, 2003 the knives used by Sujit and Sony respectively were recovered at the instance of the said two associates of the petitioner. The Petitioner was arrested on 13th december, 2003 and at his instance knife used by him was recovered. The Petitioner was produced before the Metropolitan Magistrate and initially the order of remand to police custody was passed and subsequently he was remanded to judicial custody and till the date of passing detention order he was in the custody.