SHAMIM BANU Vs. R H MENDONCA

JUDGEMENT

(1.) BY virtue of Article 226 of the Constitution of India, the petitioner who is the mother of the detenue by name Mr. Mohamed Sadakat Hussain Shaikh who was detained by Mr. R. H. Mendonca, Commissioner of Police, Greater Bombay by virtue of the Detention Order in D. O. No. 25/pcb/dp/zone-VIII/1998 dated 29th January, 1998 detaining the prisoner by virtue of section 3 (1) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders and Dangerous Persons Act, 1981 as amended 1996 and r/w Government Order No. DDS-1397/1/spl-3 (B) dated 12th December, 1971 impugned the same for want of regularity and propriety. The order of detention shown in Exh. A and the grounds of detention shown in Exh. B and the documents relied upon shown in Exh. C were contemporously served on the detenu on 31-1-1998.

(2.) THE prejudicial activities of the detenu said to have been committed and referred to in the grounds of detention Exh. B are briefly stated as follows :

(3.) ONE Mr. Abbas Gulam Momin aged about 46 years is working as a Manager in Hotel Sangam, Naik Nagar, L. B. S. Marg, Sion, Mumbai and residing in the said hotel itself alongwith other servants working therein and that he is aware of the detenu as a criminal, armed with always knife and moves with his associates and creates terror in the locality. While so, on 30th October, 1997 at about 3. 00 hours the said Abbas Gulam Momin was sleeping in the hotel alongwith the other servants of the hotel, the detenu went and insisted him to open the door and, accordingly, when the door of the hotel was opened the detenu led him to broke the tube light and window glass pans. On doing so, Abbas Gulam Momin found the detenu armed with a knife alongwith his associate by name Pathan. The detenu further threatened him with dire consequences and demanded a sum of Rs. 5,000/- from him and out of fear Abbas Gulam Momin agreed to pay the detenu the said amount. In this connection, a complaint of Abbas Gulam Momin to Dharavi Police Station was registered under C. R. No. 568 of 1997 for the offence under section 387 and 34 of the Indian Penal Code, which was followed by arrest of the detenu on 1-11-1997 and he has admitted his above said complicity. Consequently, a knife also was recovered on 21-11-1997 at the instance of the detenu. This was followed by the detenue who was remanded to the judicial custody by the learned 12th Metropolitan Magistrate, Bandra and the police got the custody of the detenu till 10-11-1997. Consequently, he was released on bail with a condition to attend the Police Station on every Saturday between 6. 00 and 8. 00 p. m. regularly which bail was availed by the detenu on 29th September, 1997.