ZABIN SALIM HAMJA SHAIKH Vs. A N ROY

JUDGEMENT

(1.) This petition filed under Article 226 read with Articles 21 and 22 of the Constitution challenges the detention order dated 31/10/2005 passed by the Commissioner of Police, Brihan Mumbai under Section 3(2) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders and Dangerous Persons Act, 1981 ("the MPDA Act" for short) holding that the detenu Shri Mohamed Salim s/o Haji Hamja Shaikh @ Kalya Salim is a dangerous person within the meaning of Section 2(b-1) of the said Act. The petition has been filed by the wife of the detenu. Consequent to the impugned order of detention the detenu was taken in custody on 4/11/2005 and, therefore, the detention period of one year would expire on 3/11/2006.

(2.) The detention order has been passed by the State Government on 9/11/2005 and it was referred to the Advisory Board on 10/11/2005. The Advisory Board gave its opinion on 7/12/2005 and it was received on the same date by the State Government. Consequently the order was confirmed on 17/12/2005 by the State Government for a period of one year.

(3.) Though the order has been challenged on as many as seven grounds the following two grounds were mainly advanced before us: