MOHD AZIM ABUSALIM KHAN Vs. R H MENDONCA

JUDGEMENT

(1.) THROUGH this Writ Petition preferred under Article 226 of the Constitution of India, the petitioner-detenu has impugned the detention order dated 30-3-1998 passed by the First Respondent Mr. R. H. Mendonca, Commissioner of Police, Brihan Mumbai, detaining him 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 30-3-1998 was served on the petitioner-detenu on 23-10-1998. THE detention order and the grounds of detention have been annexed as Annexures A and B respectively to the petition.

(3.) WE have examined the averments contained in ground No. 5 (B) and the reply contained in para 9 of the return of the Detaining Authority. In our view, in the eyes of law, the delay in executing the detention order on the detenu has not been satisfactorily explained by the Executing Authority and consequently, the impugned detention order is vitiated in law. A Division Bench of this Court of which one of us was a member (Vishnu Sahai, J.) in the case of Ismail Shaikh Ali vs. The Slate of Maharashtra and ors. reported in 1998 (2) MH. L. J. 727 : 1998 ALL MR (Cri) 928 has dealt at length the question of delay in the execution of the detention order. In para 7 of the said decision, this Court observed thus :- " It should be borne in mind that delay ipso facto in the execution/service of the detention order, does not vitiate it, for if that was so, the person sought to be preventively detained would either abscond or conceal himself/herself and thus frustrate the service of the detention order on him/her. A detention order is only vitiated in law on the ground of delay in its execution, if there is no plausible explanation for its belated service on the person sought to be detained and the most effective methods stipulated by law to have it executed are not taken recourse to. "