MEGHA CHANCHALDAS JESWANI Vs. COMMISSIONER OF POLICE THANE

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution of India the petitioner challenges his detention under an Order dated September 30, 1985, passed by the Commissioner of Police, Thane, under section 3 of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers and Drug-offenders Act, 1981, (hereinafter called the Act). This petition was heard by a Division Bench consisting of my learned brothers Jahagirdar and Tated, JJ. Jahagirdar, J., held that the order of detention is based on some of the grounds of detention which are irrelevant and in this view of the matter, set aside the order of detention passed against the petitioner and directed that he be set at liberty. Tated, J., however, disagreeing with the view taken by Jahagirdar, J., held that there is no legal infirmity in the impugned detention order and confirmed the detention order. In this view of the matter, he proceeded to pass an order discharging the rule.

(2.) In view of the difference of opinion, the Division Bench directed the papers to be placed before the learned Chief Justice for further hearing in accordance with Rule 7 of Chapter XVIII of the Appellate Side Rules read with section 392 of the Code of Criminal Procedure, 1973. As directed by the learned Chief Justice, the matter has been placed before me for hearing of the writ petition in accordance with the said provisions.

(3.) The contentions urged before the Division Bench as well as before me relate to the validity of the grounds of detention thereof mentioned in sub-paragraph (g) of paragraph (2) and in sub-paragraph (h) of paragraph (2) of the grounds of detention. It may be mentioned that the grounds appearing in paragraphs 2(a) to 2(f) of the grounds of detention disclose bootlegging activities of the petitioner by himself or through his hirelings.