JUDGMENT - Smt. RANJANA DESAI, J.:---This petition is filed by the mother of one Abdul Rafiq alias Rafiq Lala Majid Shaikh ('the detenu') who has been detained under the provisions of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug-Offenders and Dangerous Persons Act, 1981 ('the said Act for short'), challenging the order of detention issued by Shri M.N. Singh, Commissioner of Police, Brihan Mumbai dated 6th July, 2000 whereunder the detenu is detained.

2. The order of detention issued under sub-section (1) of section 3 of the said Act, with a view to preventing the detenue from acting in any manner prejudicial to the maintenance of public order was served on the detenu along with grounds of detention and material in support thereof on 15th July, 2000. Pursuant thereto the detenu was detained in Nasik Road Central Prison at Nasik.

3. In the grounds of detention, the Detaining Authority has set out incidents in which the detenu is involved and which in his opinion, have disturbed the even tempo of the life of society of the concerned area.

4. The first incident is registered as C.R. No. 51/2000 at D.N. Nagar Police Station under sections 387 and 506(ii) and 34 of the Indian Penal Code. The complaint lodged by scrap dealer Kalamuddin discloses that, on 2-2-2000, when his employee Achhelal was busy with his work in the scrapshop, the detenu and his associates Salim and Liyaqat Mohamed Ali Ansari and one unknown associate approached him. After giving threats to him they demanded Rs. 5,000/-. The detenu whipped out a chopper and told him that, if within two days money was not paid, he and his employer would be killed. They threatened Achhelal and told him that they would come after two days to collect money. The detenu's associate Salim had a sword with him. The unknown associate of the detenu told Achhelal that, if the matter was reported to the police, the members of Kalamuddin's family would be killed. On next day Achhelal reported the matter to Kalamuddin. On 3-2-2000, Kalamuddin lodged the complaint.

5. In this connection, the detenu was arrested on 10-2-2000. On 7-4-2000, he was granted bail. He availed of the bail facility on 11-4-2000.

6. The second incident is registered as C.R. No. 53/2000 under sections 384, 506, 504 34 of the Indian Penal Code at the D.N. Nagar Police Station. On 24-1-2000, complainant Shamshad Khan and his servant Amin Khan were busy with their work in the complainant's factory at Andheri (w). The detenu along with this associate Liyaqat and Salim came there. The detenu demanded Rs. 10,000/- from the complainant Shamshad Khan. When he asked the detenu as to why he should give him money, the detenu's associate Salim manhandled him. His associate Liyaqat Ali threatened him by saying that, if money was not paid they would not allow him to stay in Juhu Galli. Shamshad Khan did not lodge the complaint due to fear.

7. On 4-2-2000, the detenue contacted Shamshad Khan at his residence and enquired about money. When Shamshad Khan showed his inability to pay, the detenu threatened him and told him that, if money was not given within half an hour, he would not be allowed to conduct business in Juhu Lane. Shamshad Khan was frightened and he agreed to give Rs. 2,000/-. The detenu then asked him to come with money in front of Shivprasad Hotel, Juhu Lane. When Shamshad Khan reached the said Hotel, detenu and his associates were sitting in a rickshaw there. Shamshad Khan gave Rs. 2,000/- to the detenu. The detenu and his associates threatened Shamshad Khan of dire consequences, if the matter was reported to the police. On 15-2-2000, Shamshad Khan mustered courage and lodged his complaint.

8. The detenue was arrested in this case on 10-2-2000. He was granted bail on 7-4-2000 and he availed of the bail facility on 11-4-2000. The grounds of detention further notice that confidential enquiries made by the police into the criminal activities of the detenu revealed that the detenu and his assoc

Click Here to Read the rest of this document