JANARDHAN CHINTAMAN BHOIR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Writ Petition filed under Article 226 read with Articles 21 and 22 of the Constitution challenges the detention order dated 29.5.2007 passed by the Commissioner of Police, Thane, under Section 3(2) of Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug-offenders and Dangerous Persons Act, 1981, ("the MPDA Act" for short) holding the detenu/petitioner Janardhan Chintaman Bhoir as dangerous person under Section 2(b-1) of the MPDA Act.

(2.) The detention order was actually served on the petitioner and he was taken into custody on 18.10.2007.

(3.) The grounds of detention also revealed that the Senior Police Inspector of Narpoli Police Station had received several complaints from unknown persons that the petitioner and his associates used to extract money from the godown-keepers, truck drivers, hand-carters, hoteliers at the point of knife and threat to life. Therefore, the matter was referred to the Police Inspector (Crime) of Narpoli Police Station to conduct confidential enquiry. In that enquiry, the Police Inspector (Crime) recorded statements of three persons in-camera confirming the allegations of extortion under threat to life by the present petitioner. On the basis of the report submitted by the Police Inspector (Crime) and verification of in- camera statements by the Assistant Commissioner of Police, Bhiwandi (E) Division, the Police Commissioner was satisfied that the statements were true.