ABDUL REHMAN ABDUL WAHID Vs. D N JADHAV

JUDGEMENT

(1.) This is a habeas corpus petition filed under Article 226 of the Constitution of India by a detenu who is presently detained at Central Prison Thane. This petition questions validity of order of detention being D.O. No. 123/PCB/DP/Zone -II/2007 dated 23 rd October 2007 (hereinafter referred to as "the impugned order " for the sake of brevity), issued under section 3(1) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders and Dangerous Persons Act, 1981 (hereinafter referred to as "the said Act" for the sake of brevity), passed against the detenu by the Commissioner of Police, Brihan Mumbai.

(2.) On 7 th September 2007 Senior Inspector of Police of Pydhonie Police Station, Mumbai submitted a proposal for detention of the detenu under the said Act. The detaining authorities considered and scrutinized the material placed before it and upon its subjective satisfaction that the activities of the detenu were prejudicial to the maintenance of the public order and that the detenu was dangerous person within the meaning of the said Act and further that it was necessary to detain the detenu under the said Act with a view to prevent him from acting in any manner, prejudicial to the maintenance of public order, has issued the impugned order dated 23 rd October 2007. The impugned order has been served on the detenu on 8th December 2007. The State Government was pleased to issue an order communicating the approval of the impugned order, on 26 th October 2007 and was further pleased to confirm the impugned order on 25th January 2008.

(3.) The impugned order has been issued by the Detaining Authority, on the basis of material placed before it, which pertained to in camera statements of two witnesses dated 26th August and 28 th August 2007 as also following two C.R.s