MUNNA DILAWAR KHAN Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) Heard learned counsel appearing for the Petitioner and the learned A.P.P. appearing for the Respondents.

(2.) By this Petition under Article 226 of the Constitution of India, the Petitioner (Detenu) has challenged the order dated 18.06.2013 passed by the First Respondent in exercise of powers under sub section (2) of Section 3 of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders, Dangerous persons and Video Pirates Act, 1981 (for short "the said Act"). By the said order, the Petitioner was ordered to be preventively detained under the said Act.

(3.) Learned counsel appearing for the Petitioner has pressed into service grounds of challenge incorporated in grounds (a) and (b) of paragraph 6 of the Petition. His submission is that the grounds of detention served to the Petitioner show that the chargesheet filed in the Court of the learned Metropolitan Magistrate, 45th Court, Kurla, Mumbai on 11.12.2012 against the Petitioner is a document relied upon by the Detaining Authority for arriving at the subjective satisfaction. He submitted that there is a judicial order dated 11.12.2012 passed by the learned Metropolitan Magistrate, which is on page 312 of the compilation of documents and the said order is completely illegible. His submission is that the show cause notice on page 871 of the compilation of documents served to the Petitioner is not at all legible. He relied upon a judgment and order dated 26.10.1989 passed by the Division Bench of this Court in Criminal Writ Petition No. 915 of 1989 (Vijay Shrikrishna Padwal vs. Union of India & Ors.). He pointed out that translation of the said order on the charge sheet has not been furnished to the Petitioner. He urged that furnishing illegible documents amounts to non communication of grounds of detention. Secondly, he submitted that the Petitioner is deprived of making an effective representation as per Clause 5 of Article 22 of the Constitution of India.