LAVAJI DEVANNA ZENDE 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 25th June, 1998, passed by the 1st respondent Mr. R. H. Mendonca, Commissioner of Police, Greater Bombay by virtue 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 Act 1996) detaining him under the said provision. The detention order dated 25th June, 1998 along with the grounds of detention bearing the said date was served on the petitioner-detenu on the same date itself.

(2.) SINCE this petition deserves to be allowed on a purely legal ground we are not adverting to the prejudicial activities of the petitioner-detenu as contained in the grounds of detention.

(3.) MR. Shirish Gupte, learned counsel for the Petitioner-detenu strenuously urged that although the detenu was granted bail in C. R. No. 16 of 1998 of Bhoiwada Police station under section 170/420 read with 34, Indian Penal code by a reasoned order, and was on bail at the time of passing of the detention order the Sponsoring Authority did not forward complete text of the bail order to the Detaining authority and instead forwarded only the operative part of the bail order and the Detaining Authority furnished its copy to the detenue. In Mr. Shirish Gupte s contention this is impermissible in view of the ratio laid down in the division Bench decision of our court reported in 1997 (1)Mh. L. J. 427 = 1997 (1) L. J. 186, Samir Shama vs. State of maharashtra and others to which one of us (Sahai, J.) was party. Paragraph 14 (iii) and (iv) of the said decision read thus :