GAUTAM MASU KAMBLE Vs. R H MENDONCA

JUDGEMENT

(1.) THROUGH this petition preferred under Article 226 of the Constitution of India, the petitioner-detenu has impugned the detention order dated 25th June, 1998 passed by the first respondent, Mr.R.H.Mendonca, Commis-sioner of Police, Greater Bombay, in exercise of the powers vested in him by 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), detaining him under the said provision of the Act. The Detention order along with the grounds of detention also dated 25th June, 1998 was contemporaneously served on the petitioners-detenu on 25th June, 1998.

(2.) WE have heard Mr.M.K.Kocharekar for the petitioner-detenu and Mrs.V.K. Tahilramani, Public Prosecutor for the Respondents. Since in our view, this petition deserves to be allowed on a purely legal point, we are not adverting to the prejudicial activities of the petitioner-detenu, contained in the grounds of detention.

(3.) A Division Bench of this Court of which one of us (Vishnu Sahai, J) was a member in Criminal Writ Petition No.1185 of 1996 decided on 17th December, 1996 (Sameer Sulaman Shama V/s State of Maharashtra & Ors.) in para 14 (iii) and (iv) has observed thus:-