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2001 Supreme(Bom) 1002

S.S.PARKAR, NARESH H.PATIL
Nasibullah Khan – Appellant
Versus
M. N. Singh, Commissioner of Police & others – Respondent


JUDGMENT - S.S. PARKAR, J.:---By this writ petition the petitioner has challenged the detention of his son by name Mohammed Husein Nasibullah Khan under the provisions of M.P.D.A. Act.

2. The respondent No. 1, the Commissioner of Police, Brihan Mumbai, by order dated 16th March, 2001 issued order of detention under section 3(1) of M.P.D.A. Act. Along with the order of detention the detenu was served with the grounds of detention of the same date. A copy of the order of detention is annexed at Exh. A to this petition while the copy of the grounds of detention has been annexed at Exh. C to this petition. The detenu along with two co-accused was arrested on 25th June, 2000 under C.R. No. 125 of 2000 for offences under sections 170, 365, 376(g), 392 read with section 34 of I.P.C. His bail application made to the Sessions Court was rejected on 17-10-2000 in the said C.R. Thereafter there was no application made by him for his release on bail and the detenu continued to be in custody. While the detenu was in custody in the above C.R., the respondent No. 1 the Commissioner of Police, Brihan Mumbai, issued the impugned order of detention on 16th March, 2001, against the detenu. Similar ord











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