SEVRINA JOHN CARLOS Vs. R H MENDONCA

JUDGEMENT

(1.) THROUGH this Writ Petition preferred under Article 226 of the Constitution of India the Petitioner, who styles herself as the wife of the detenu, John Anthony Carlos, has impugned the detention order dated 31st December,1998 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 grounds of detention also dated 31st December 1998 was served on the detenu on 29.1.1999. True copies of the detention order and the grounds of detention are annexed as Annexures "A" and "B" respectively to this petition.

(3.) GROUND 7C in short is that is ground 4(b) of the grounds of detention there is a reference to a joint representation dated 2.11.1998 addressed to the Addl. Commissioner of Police, North West Region, Mumbai, complaining about the illegal activities of the detenu and requesting preventive action against him and although the said representation was referred to and relied upon by the Detaining Authority its copy was not furnished to the detenu resulting in his right of making an effective representation under Article 22 (5) of the Constitution of India, being impaired. Ground 4(B) of the grounds of detention reads thus: