DEEPAK SHANKAR PATIL Vs. A N ROY

JUDGEMENT

(1.) THE petitioner (hereinafter referred to as "the detenu") is detained by the Commissioner of Police, Mumbai under an order of detention dated 30 April, 2004 issued under the provisions of the Maharashtra prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders and dangerous Persons Act, 1981 ("the said Act" for short), with a view to preventing him from acting in any manner prejudicial to the maintenance of public order. In this petition, the detenue has challenged the said order of detention.

(2.) THE order of detention is based on one C. R. being C. R. 20 of 2004 and two in-camera statements of witnesses "a" and B recorded on 16 March, 2004 and 19 March, 2004.

(3.) SHRI Tripathi, the learned Counsel appearing for the petitioner has assailed the impugned order on three grounds. He firstly contended that the grounds of detention do not indicate that the detenu's activities have posed a threat to the maintenance of public order. He submitted that C. R. 12 of 2004 refers to an incident which had taken place in a hotel. It cannot be said that the said incident which had taken place in a hotel room could have affected the public order. Shri Tripathi also contended that the in-camera statements also are stereotype and do not inspire confidence. He submitted that the detention order could not have been based on the in-camera statements.