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2000 Supreme(Bom) 838

G.D.PATIL, R.M.LODHA
Vijaya Raju Gupta (Smt. ) – Appellant
Versus
R. H. Mendonca, Commissioner of Police & others – Respondent


JUDGMENT - R.M. LODHA, J.:---By means of this writ petition filed by the wife of the detenu, the detention order passed by the 1st respondent under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders and Dangerous Persons Act, 1981 (for short the said Act) is being challenged. The respondent No. 1 by the detention order dated 14-10-1999 ordered detention of the detenu Raju Baburam Gupta to prevent him from acting in any manner prejudicial to the maintenance of public order.

2. Though Mr. S.R. Chitnis, the learned Senior Counsel appearing for the petitioner raised several legal contentions, in our view in the facts of the present case, this criminal writ petition deserves to be allowed on the ground which we indicate hereinafter.

3. From the grounds of detention supplied to the detenu, it is apparent that the detenu is accused in C.R. No. 221 of 1999 for offences under sections 342, 324, 387, 506(2), 114 I.P.C. r.w. sections 3 and 25 of the Arms Act registered at Andheri Police Station on 16-6-1999. In the said crime registered at Andheri Police Station, the detenu was arrested on that very date. The detenu was ordered to be released on bail







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