CHANDRASHEKHAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THROUGH this Petition, the petitioner has impugned the order of detention dated 29th December, 2005, whereby the detenu-Rajkumar Kishanlal Awasti came to be detained by respondent No.2, the Commissioner of Police, Greater Bombay. By the said order, the detenu came to be detained under Sub-Section (2) of Section 3 of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug-offenders and Dangerous Persons Act, 1981 (hereinafter referred to as the MPDA Act).

(2.) A perusal of the grounds of detention would show that the impugned detention order is founded on two C.Rs. i.e. C.R.No.571 of 2005 and C.R.No.313 of 2005, three in-camera statements and one application addressed to the Deputy Commissioner of Police, Zone-VIII. For the purpose of deciding the present Petition, we do not feel it necessary to go into the details of the said C.Rs. or the incidents referred by in-camera witnesses. Hence, the said incidents are not narrated here.

(3.) WE have perused the grounds of detention and we find that there is no awareness reflected therein about such an application being preferred by the detenu and the learned Magistrate directing the officer of the level of Deputy Commissioner of Police to investigate into the said allegations and to submit a report.