S U DOSHI Vs. SUDHAKAR AMBEDKAR

JUDGEMENT

(1.) HEARD Mr. Dhakephalkar, learned advocate for the Petitioner and Mr.Bagwe, learned A.P.P.for the Respondents.

(2.) THIS Writ Petition has been filed by the Petitioner under Article 226 of the Constitution of India, challenging the detention of her son viz. Rakesh @ Ashish Arunkumar Doshi under the order of detention dated 21st September 1996 issued by the Respondent No.1 under the provisions of National Security Act.

(3.) IN the grounds of detention annexed as Exhibit 'C' to the petition, it is stated that the detenu was a member of the gang which was holding out threats and extorting money. In the grounds, only one incident dated 17th August 1996 is mentioned, where the Complainant one Shri Bhaskar Tewar had filed the complaint which was registered under C.R. No. 137 of 1996 by Nerul Police Station under Sections 385, 506(II) read with Section 34 of Indian Penal Code against the detenu and his associates on 19th August 1996 for having held out threats to the complainant and his partner on 17th August 1996 and on 19th August 1996. Pursuant to the said complaint, the Crime Branch Officials raided the house of associates of the detenu by name Saji @ Mathue John Vergis, where the detenu and his associates were found and weapons like choppers and dagger were recovered. On further interrogation, at the instance of the associates of the detenu, an Italian made pistol with 4 live cartridges were seized under the panchanama, for which the separate offence under section 387 of the Indian Penal Code and under Section 25(1)(a) of the Indian Arms Act was registered against the associates of the detenu by Dombivli Police Station under C.R.No. 88 of 1996. On the basis of C.R. No.137 of 1996 registered with the Nerul Police Station, the detenu and his associates were arrested, who after having been remanded to custody at initial stages, were released on bail on 19th August 1996. It appears that immediately after the release of the detenu and the other accused and the co-accused on bail, the proposal was mooted for the detention of the detenu and his associates under the provisions of the National Security Act. The Respondent no.1, after being satisfied about the need to detain the detenu passed the impugned order dated 21st September 1996 which is annexed as Exhibit-A to this petition.