ZEENAT ANJUM MEMON Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THROUGH this Writ Petition preferred under Article 226 of the constitution of India the Petitioner, who is the wife of the detenu Anjum Ismail Memon, has challenged the detention order dated 29th June 1998 passed by the 2nd Respondent Mr. R. H. Mendonca, the Commissioner of Police, Brihan Mumbai, detaining the detenu under sub section (1) of Section 3 of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders and Dangerous Persons Act, 1981 (No. LV of 1981) (Amendment 1996 ).

(2.) THE detention order along with the grounds of detention also dated 29th June 1998 was served on the detenu on 28-10-1998. Since this Writ Petition deserves to be allowed on the legal contention pleaded in ground 5 (iv) we are not adverting to the prejudicial activities of the detenu contained in the grounds of detention. THE said ground in short is that although the sponsoring authority had placed before the detaining authority the bail order dated 24-2-1998 but it had not placed before the Detaining authority the bail application dated 23-2-1998, pursuant to which the court granted bail to the detenu on 24-2-98 and the Detaining authority had not supplied copy of the said bail application to the detenu.

(3.) SINCE we are not granting any further time to Mr. Deshmukh to file an affidavit we have to proceed on the assumption that the averment contained in ground 5 (iv) are correct. Once we hold that they are correct, the impugned order of detention would stand vitiated in view of the ratio laid down in AIR 1991 SC 2261 (supra ).