BHUSHAN VIJAY RANE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The detenu is Bhushan Vijay Rane. The petitioner - Amit Vijay Rane is the brother of the detenu. The petitioner has preferred this petition questioning the preventive detention order passed against the detenu on 18.12.2015 by the District Magistrate, Sindhudurg. The detention order has been passed in exercise of the powers under Section 3(1) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug-offenders and Dangerous Persons Act, 1981 ('MPDA Act' for short) as the detenu is a dangerous person whose activities are prejudicial to the maintenance of public order. The order of detention is based on one C.R. i.e C.R. No. 121/2015 and two in-camera statements of witnesses A and B.

(3.) Learned counsel for the petitioner has raised a large number of grounds which we propose to deal with one by one. The first ground raised is found in ground (c) of the petition. In ground (c), it is stated that the offences complained of are trivial in nature and do not affect the public at large. In short, in this ground, it is contended that the incident in which the detenu is involved do not affect the maintenance of public order. It is seen that to issue the order of detention, the detaining authority has relied on C.R. No. 121/2015 and two in-camera statements of witness 'A' and 'B'. All the three incidents for the reasons mentioned below were such that it affected public order.