HARESHWAR NARAYAN PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS petition has been filed under Article 226 of the Constitution of India challenging the detention order passed by the respondent no.2 dated 20.1.1998 under sub-section (1) of Section 3 of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug-offenders and Dangerous Person Act, 1981 (Mah.Act No.LV of 1981) and the detenu Bhalchandra @ Bhalya Narayan Patil was ordered to be detained in Central Prison Nashik Road, Nashik. The detenu came to be arrested on 24.1.1998 and sent to Central Prison Nashik Road, Nashik. The petitioner herein is the brother of detenu Bhalchandra @ Bhalya Narayan Patil.

(2.) THE detention order mentions the grounds of detention in Para 3 of the said order, the gist thereof is as under : The detenu, on 2.11.1997 along with his associates took daughter named Kum Angha aged 19 years of the complainant Pramod Madhav Patil with a view that she should be forced to marry with his associate Virendra though she was unwilling to marry him. The detenu and his associate Shivram threatened to finish her sister and brother if Kum.Angha refused to marry Virendra. She was terribly frightened as she was detained at sea-shore at Kegaon-Danda for the whole night. In the meantime, the complaint came to be filed because of missing of Kum.Angha by her father. She was later on taken to another lonely place by the said Virendra. However, when the police from Uran Police Station came to know about the place of her detention, it was raided. At that juncture, the detenu and his associate started running. But they were caught. Kum.Angha explained how she was forcibly kidnapped for marriage with Virendra. Hence Crime No.l 170/97 under sections 366, 368, 506, 34 of the Indian Penal Code came to be registered on 3.11.1997. The detenu sought bail and came to be released by the Sessions Court on 13.11.1997.

(3.) THE learned counsel for the petitioner submitted that this detention order makes mention of earlier detention order that was passed against the detenu under the National Security Act, 1980 dated 20.8.1996, issued by the Commissioner of Police, Navi Mumbai. It mentions that it was executed and the detenu was lodged in Central Prison Yeroda, Pune and to the fact that the detention was continued by the Government of Maharashtra by order dated 7.10.1996 on the advice of the Advisory Board, but the brother of the detenu by name Krishna Narayan filed a Criminal Writ Petition No.1062 of 1996 in the Hon'ble High Court Bombay and then he was ordered to be released by the Hon'ble Court by order dated 19.3.1997. It further mentions that this order of preventive detention has no effect on the violent and terrorizing activities of the detenu and he continued to indulge in such activities thereby disturbing the public order in the area. The learned counsel further points out that in para 4, there is a specific mention made which is as follows: