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1994 Supreme(Bom) 99

IN THE HIGH COURT OF BOMBAY
Ashok Agarwal D.K. Trivedi, JJ.
Smt. Jaya Daniel Lobo ... Petitioner.
Versus
Shri A.S. Samra, Commissioner of Police, Greater Bombay and others ... Respondents.
Criminal Writ Petition No. 1413 of 1993, decided on 24-2-1994.
Advocates appeared :
Shirish Gupte, for the petitioner.
Smt. R.P. Desai, P.P., for respondents Nos. 1 to 3.
J.C. Satpute with H.V. Mehta, for respondent No. 4.

Headnote:Section 3 (l)-Detenue-Extortionist activity of.

       Detaining authority arriving at subjective satisfaction about prejudicial activities of detenue-Detention order held legal and proper calling for no interfreenee.

       

JUDGMENT - ASHOK AGARWAL, J.:---Whether the activities of the detenu affect public order or merely Law and Order is the sole contention, which is advanced before us, in the present petition. In order to decide the question, the grounds of detention, which have been mentioned by the Detaining Authority in support of its subjective satisfaction for the purpose of clamping an order of detention may be scrutinised.

2. In the grounds of detention, the Detaining Authority has stated that the detenu is a weapon wielding desparado commiting heinous crimes by using deadly weapon like Rampuri knife. He has created a reign of terror in the minds of the public in certain areas of the city. His record shows that he is a person of violent character who has been indulging in the terrorising activities. He always moves with deadly weapons such as Rampuri knife and chopper and does not hesitate to use the same while committing various offences like criminal intimidation, extortion etc.

3. Three incidents have been relied upon for arriving at the above satisfaction. The first relates to one Dineshkumar Bhagchandra Agrawal, who has a readymade garment factory. The said Dinesh-kumar knows the detenu for the last 3/4 years as a dangerous goonda having created terror by his activities in the said area. He also knows that the detenu forcibly collects Haptas from the shopkeepers and residents in the area and assaults them in case they refuse to give him Haptas. On 13th August, 1993 at about 10.30 hours the said Dineshkumar Agrawal and his friend Prakash Madhukar Wayangankar were standing and talking at Bhaskar Chowk, Daruwala Compound, Malad (West). At that time the detenu came there and abused Dineshkumar Agrawal and told him that he is instigating the people to lodge complaints against him with the police. Dineshkumar told him (detenu) not to threaten him. At that time the Detenu took out a Rampuri knife from his pocket and threatened to kill him. Dineshkumar Agrawal and his friend Prakash Wayangankar were terribly frightened on seeing the knife in the hands of the detenu and apprehended that the detenu will assault them with the knife. Hence both of them started running towards S.V. Road in order to save their lives from the detenu. They also shouted for help. The detenu started chasing them with the knife in his hand. Seeing him running with the knife in his hand the passers by were frightened and started running helter skelter and the hawkers also ran away, leaving behind their articles and hand carts. The shopkeepers in the area started pulling down the shutters of their shops apprehending that he will commit some untoward incidents. Dineshkumar Agarwal and his friend Prakash Wayangankar ran towards Marve Road Naka on S.V. Road where usually the police are on duty. The detenu then returned to Daruwala compound threatening to see Dineshkumar Agarwal and his friend later on. Dineshkumar Agrawal and his friend then went to Malad Railway Station and thought for sometime whether to lodge the complaint against the detenu with the police or not. They apprehended that in case they returned to the place of the incident the detenu will definitely assault them. Hence they came to the Police Station to lodge a complaint against the detenu. After lodging a complaint Dineshkumar and his friend proceeded to stay with a relative at Bhayander as they were frightened of the detenu and they were not in a position to go to their residence at Daruwala compound, Malad because of the danger to their lives at the hands of the detenu. On the complaint filed an offence under section 506 Part II of the I.P.C. was registered against the detenu. The detenu was arrested. In the statement of the detenu he confessed to have committed the above offence. On being produced in Court the detenu was released on bail.

4. The second incident relates to one Shri Usman Haji Sidattar, who owns a scooter and auto-rickshaw garage. The said Usman knows the detenu for the last 5/6 years as a







































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