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1998 Supreme(Bom) 490

N.ARUMUGHAM, VISHNU SAHAI
Shadab s/o Siddiq Khan – Appellant
Versus
Shri R. H. Mendonca and others – Respondent


JUDGMENT - VISHNU SAHAI, J.:---Through this petition, preferred under Article 226 of the Constitution of India, the petitioner seeks to challenge the detention order dated 16th December, 1997 issued by the respondent No. 1 R.H. Mendonca, Commissioner of Police, Brihan Mumbai detaining him under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders and Dangerous Persons Act, 1981 (No. LV of 1981) Amendment 1996. The detention order along with the grounds of detention bearing the same date, true copies of which are annexed as Exhibits A and B respectively to the petition, was served on the petitioner on 1st January, 1998.

2. We have heard Mr. U.N. Tripathi for the petitioner and Mr. R.L. Patil Additional Public Prosecutor for the respondents. Since this petition would succeed on a legal ground (Ground No. 6-A of the petition) we are not adverting to the prejudicial activities of the petitioner contained in the grounds of detention.

3. Ground No. 6-A in short is that the copies of some illegible documents were supplied to the petitioner and consequently, he was precluded from making an effective representation under Article 22(5) of the Constituti









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