INDRAJIT GOSWAMI Vs. R H MENDONCA

JUDGEMENT

(1.) CHALLENGE in this petition is directed against the order passed by R. H. Mendonca, Commissioner of Police, Brihan Mumbai dated 16th April, 1998 ordering the detention of the petitioner under the provisions of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers and Drug-offenders Act, 1981 (hereinafter called the Act ). Annexure-A to the petition is the said order. Annexure-B to the petition is the grounds of detention. In the grounds of detention, it is stated that the petitioner along with other two of his associates became persons dangerous to the life of people residing in the areas of Chamdewadi, Kherawadi Road, J. P. Road, Teen Bunglow, Jawahar Nagar, Adarsh Lane, Maratha Colony, Deepak Wadi, Service Road, Khar (East) and the areas adjoining thereto in the jurisdiction of Nirmal Nagar Police Station in Brihan Mumbai. It is further stated in the order that the petitioner and his associates Hemant Surti Murti and Ajay Kasare are the weapon wielding desperado, unleashing a reign of terror in the aforesaid areas.

(2.) ON 1-12-1997 at about 2. 30 p. m. while one Sunil Ramchandra Singh was returning home along Service Road, at that time the petitioner and his associates aforementioned, approached him at Hanuman Mandir when Hemant Surti Murti dealt blows with chopper on the head of Sunil Singh and another associate, Ajay Kasare gave a blow with sword over his left arm pit. Sunil Singh turned back and at that time the petitioner assaulted him with chopper on his left shoulder, thereby Sunil Singh sustained grievous injuries. When Sunil Singh managed to free himself from the detenu and his associates clutches and started running away, the detenu and his associates chased him for a distance brandishing their weapons. Seeing this terrible scene, people started running helter-shelter. One of his friends Khalil took Sunil Singh to Dr. V. N. Desai Hospital for treatment. An offence under S. 326 of I. P. C. was registered against the detenu and his associates at Nirmal Nagar police station on 1-12-1997. They were thereupon arrested and produced in the Court of the Metropolitan Magistrate, 32nd Court, Bandra and the Magistrate released them on bail on 8-12-1997.

(3.) IT is revealed from the grounds of detention that while the investigation was going on with regard to the above offence, it has come to the knowledge of the police that after releasing the petitioner and his associates on bail, they still continued their dangerous activities thereafter. The people were afraid of coming in open to make complaint against them because they are a terror in the locality. But however the police could record two in camera statements on the assurance of keeping them anonymous. In the detention order it is stated that witness A is residing at Adarsh Lane, Khar (East), Mumbai-51. In his statement dated 16-3-1998 he has stated that he undertakes contracts of construction works. He knows the detenu and his associates as goondas. He stated that the detenu and his associates are always carries sword, chopper, gupti and knife in order to create terror in the mind of the people in the locality for committing heinous offences such as assault, extortion and collecting hafta from the residents, hawkers and traders.