GOPI KHEMA RATHOD Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) THE petitioner has challenged In this petition his detention under the provisions of the Maharashtra prevention of Dangerous Activities of Slumlords, bootleggers, Drug Offenders and Dangerous Persons (Amendment) Act, 1996 (hereinafter referred to as "the mpda Act" ).

(2.) THE order of detention was issued by the commissioner of Police, Pune City on 18/12/2003 pursuant to which the detainee was taken into detention on 20th December 2003. The detention order has been passed on the basis of five CRs. and three in-camera statements. The petitioner is alleged to be a bootlegger and carrying on his activity as manufacturer of illicit liquor in respect of which crimes were registered against him by the police.

(3.) IN the grounds of detention dated 18/12/2003 it is mentioned that the past criminal record of the petitioner shows that he had committed offences under the provisions of the Prohibition Act such as distilling, manufacturing and selling illicit liquor and has thereby endangered human life and also ruined the poor families. After mentioning the five crimes registered against the petitioner and the three in-camera statements recorded against him, it is stated in para 7 of the grounds of detention that the detaining authority was subjectively satisfied that he was a bootlegger and was indulging in illegal distillation, sale and transport of country made liquor. It is further stated that in order to carry out his illegal activities the petitioner and his accomplice had resorted to showing deadly weapons and beating the persons who dared to object to his activities and thereby he had become perpetual and potential danger to the good health of people and safety and security of the society at large. In paragraph 8 of the grounds of detention it is stated that the detaining authority was subjectively satisfied that the petitioner was acting in a manner hazardous to the safety and security of the society and consequently prejudicial to the maintenance of public order.