RAFIQ TUSUF SHIKAH Vs. R S SHARMA

JUDGEMENT

(1.) THE petitioner who is the brother of detenu Rizwan yosuf Shaikh alias Joe has impugned the order of detention dated 6th March, 2003 passed by respondent No. 1 i. e. Commissioner of Police, Greater Bombay. By the said order, the detenu has been detained under sub-section (1) of section 3 of the Maharashtra Prevention of Dangerous Activities of Slumlords Bootleggers, drug Offenders and Dangerous Persons Act, 1981 (hereinafter referred to as "m. P. D. A. Act".)

(2.) THE detention order along with grounds of detention which are also dated 6th March, 2003, was served on the detenu on 7th March, 2003 along with the compilation of documents.

(3.) A perusal of the grounds of detention which are at Annexure-D to the petition shows that the impugned order of detention is founded on two C. Rs. viz. C. R. No. 173 of 2002 and 176 of 2002. Both the said C. Rs. are registered at j. J. Marg Police Station. C. R. No. 173 of 2002 is registered under sections 324 and 506 (II) read with section 34 of I. P. C. and C. R. No. 176 of 2002 is registered under sections 387, 324 read with section 34 of I. P. C. Besides these two C. Rs. the detention order is also based on two incidents relating to incamera witnesses A and b. The said statements have been recorded on 3rd January, 2003.