LAWS(BOM)-2004-4-81

RAJENDRAPRASAD GUPTA Vs. R S SHARMA

Decided On April 23, 2004
RAJENDRAPRASAD GUPTA, RAJUBHAI SURAJLAL GUPTA Appellant
V/S
R.S.SHARMA Respondents

JUDGEMENT

(1.) THE aforesaid group of 16 Criminal Writ petitions, are filed on similar background of facts and raise a single common law point. All the petitions are therefore being disposed off by this common judgment and order.

(2.) UNDISPUTED facts in all these petitions are that the Commissioner of Police, Brihan Mumbai issued an order of detention against the detenues on behalf of whom these petitions have been filed under the maharashtra Prevention of Dangerous Activities of slumlords Bootleggers, Drug Offenders and Dangerous persons Act, 1981 (hereinafter referred to as MPDA act ). Along with the orders of detention the detenues were served with the grounds of detention. Admittedly the orders of detentions were approved by State government in accordance with Section 3 (3) of MDPA Act.

(3.) CONSEQUENT to their detention, the detenues made representations to the State Government and Chairman of the Advisory Board. The Advisory Board after considering the mater placed before it as also representations made by the detenues, concluded that there was sufficient cause of detention. This opinion/report of the Advisory Board was forwarded to home Minister, State of Maharashtra for confirmation of the detention, in accordance with Section 12 of MDPA act.