KASHINATH CHANDKRAKANT GANESHKAR Vs. A N ROY

JUDGEMENT

(1.) THE petitioner is a friend of one Naresh @ Narya Vijaykumar Jaiswal ("the detenu" for convenience). The detenu is detained under the order of detention dated 21/7/06, issued by the Commissioner of Police, Brihan Mumbai, respondent 1 herein under the provisions of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders and Dangerous Persons Act, 1981 ("the said Act" for short), with a view to preventing him from acting in any manner prejudicial to the maintenance of public order. In this petition, there is a challenge to the said order.

(2.) THE order of detention is based on one C.R. being C.R. No.64/06 registered against the detenu at Shivaji Park Police Station, under Section 394 read with Section 34 of the I.P.C. The order of detention is also based on two in camera statements of witnesses A and B.

(3.) WE have heard Mr. Tripathi, learned counsel for the petitioner. Mr. Tripathi assailed the impugned order of detention only on one ground. He submitted that the order of detention is based on two in camera statements. Mr. Tripathi submitted that the case of the detaining authority is that the in camera statements have been verified by the Divisional ACP. However, the copies of the in camera statements supplied to the detenu do not indicate that the said statements have been verified. He submitted that in view of this there is a violation of the detenu's rights under Article 22(5) of the Constitution of India. Hence the detention order must be set aside on that count. In support of his submissions the learned counsel relied on the judgments of this court in Smt. Subhangi Tukaram Sawant v. Shri R.H. Mendonca & Ors., 2001 ALL MR (Cri) 68 and in Shri Vijay Ramchandra Angre v. Shri S.M. Shangari & Ors., 2004 ALL MR (Cri.) 1974.