BASHIR ALI DAFEDAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THROUGH this Petition preferred under Article 226 of the Constitution of India, the Petitioner Bashir Ali Dafedar, father of the detenu - Mehaboob Ali @ Nawab seeks to challenge the detention order dated 24th June, 1998, passed by the second respondent - Mr. R.H. Mendonca, Commissioner of Police, Brihan Mumbai, 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 the detenu under the said provision of the Act. The Detention order dated 24th June, 1998, along with the grounds of detention bearing the said date, was served on the detenu on 29th June, 1998.

(2.) WE have heard Mrs. A.M.Z. Ansari for the petitioner and Mr. Rajiv Patil, Additional Public Prosecutor for the Respondents. Since in our view, this petition deserves to succeed on a purely legal ground, we are not adverting to the prejudicial activities of the detenu contained in the grounds of detention.

(3.) TO substantiate her submission, Mrs. Ansari placed reliance on para 12(6) of the decision of the Supreme Court in Abdul Sathar Ibrahim Manik v. Union of India and Ors. : 1991CriLJ3291 . The said para reads thus: -.