INTEZAR UMAR DARAJ KHAN Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) This Petition filed under Article 226 read with Article 21 and 22 of the Constitution of India challenges the order of detention dated 31st October, 2005 passed under section 3(1) of the Maharashtra Prevention of Dangerous Activities of Slum Lords, Bootleggers, Drug Offenders and Dangerous Persons Act, 1981 (for short "MPDA Act") passed by the Commissioner of Police, Mumbai. The said order was served on detenu on 2nd November,2005 when he was already under arrest in connection with C.R.No.67 of 2005 registered with the V.P.Road, Police Station at Mumbai and the detention period would therefore expired on 1st November,2006.

(2.) Though various grounds have been taken in the Petition to challenge the said order, the following two grounds have been emphasized before us :-

(3.) Coming to the first ground, it is clear from the reasons recorded in the affidavit enclosed with the impugned order that the Respondent No.1 was aware about the fact that the detenu had withdrawn the bail application submitted before the Sessions Court. It is further stated in the grounds for detention as under :-