SARVARI ANSARI Vs. A N ROY

JUDGEMENT

(1.) THE petitioner is mother of one Anwar Farooque Ansari@ Anwar Butter @ Bakeriwala. She has challenged in this petition order dated 31st March, 2004, issued by the Commissioner of Police, Brihan Mumbai, under sub-section (2) of Section 3 of Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders and Dangerous Persons Act, 1981 ("the said Act" for short) whereunder the said Anwar Farooque Ansari @ Anwar Butter @ Bakeriwala ("the detenu" for convenience) is detained with a view to prevneting him from acting in any manner prejudicial to the maintenance of public order. The order of detention,ground of detention and material in support thereof were served on the detenu on 1. 4. 2004.

(2.) THE order of detention is based on one case being C. R. No. 320/2003 and two in-camera statements (1) dated 4. 2. 2004 and (2) dated 5. 2. 2004. We have heard Mr. Tripathi, learned counsel for the ptitioner at some length.

(3.) MR. Tripathi challenged the impugned order only on one ground. He contended that the order of detention is based on incidents which do not affect maintenance of public order. They merely affect law and order and, therfore, on this ground, the impugned order be set aside.