VIKRAM @ BALA Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) The Petitioner has challenged the order dtd. 18/7/2024 passed by the Respondent No.1-The Commissioner of Police, Thane. By a separate order of committal of the same date, the Petitioner was directed to be detained in Nashik Road Central Prison, Nashik. The Petitioner was detained pursuant to the provisions of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug-offenders, Dangerous Persons, Video Pirates, Sand Smugglers and Persons engaged in Black- marketing of Essential Commodities Act, 1981. According to the detaining Authority he was a dangerous person within the meaning of the said Act.

(2.) Along with the detention order, the Petitioner was served with the grounds for detention dtd. 18/7/2024. In the initial paragraphs, in the grounds i.e. upto paragraph No.3, the past history of the Petitioner was mentioned. There is reference to 6 registered offences at Vartak Nagar Police Station between January 2019 to May 2024. There were two instances where preventive measures were taken against him. First one was an externment order passed in the year 2021 and the other was proceedings under Sec. 110(e) (g) of Cr. P. C. However it was clarified in paragraph 3 itself that this past history was mentioned only as an introduction of grounds of detention and they were not relied upon by the detaining Authority for forming subjective satisfaction to issue order of detention.

(3.) The grounds on which the detention order was passed were mentioned in paragraph-4. There was a reference to CR No.626/2024 registered at Vartak Nagar Police Station on 21/5/2022 under Ss. 397, 386, 427, 504, 506 of the IPC read with Sec. 37(1) and 135 of the Maharashtra Police Act . There is a reference to the 'in camera' statements of two witnesses 'A' and 'B' which are mentioned in paragraph 5.