MOHAMMAD RAFIQUE ABDUL MAJID Vs. R H MENDONCA

JUDGEMENT

(1.) THROUGH this Writ Petition preferred under Article 226 of the Constitution of India the petitioner, who styles himself as the father of the detenu ehatteshyam Mohammed Rafique Ansary has impugned the detention order dated 29th January, 1999 passed by the 1st 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 January, 1999 was served on the detenu on 30th January, 1999. Xerox copies of the detention order and the grounds of detention are annexed to this writ petition.

(3.) THE prejudicial activities of the detenu on which the impugned detention order is founded are stipulated in the grounds of detention. They comprised of one C. R. detailed as ground 4 (a) (ii) and two in-camera statements. The C. R. referred in ground 4 (a) (ii) in C. R. No. 321/98 registered on a complaint dated 9-12-1998 lodged by Abdul Kalam Javed siddique under sections 324, 452, 427 and 506 (ii), 34, indian Penal Code at Police Station Nirmal Nagar, against the detenu and others. The in-camera statements are of witnesses A and B and are dated 29-12-1998 and 30-12-1998 and are contained in ground 4 (b) (i) and ground 4 (b) (ii), respectively. They also incriminate the detenu.