The Detaining Authority must have compelling reasons supported by cogent material to justify a detention order against a person in custody.

JUDGMENT - AGUIAR A.S., J.:---By this writ petition preferred under Article 226 of the Constitution of India, the petitioner Mohd. Ubed Abdul Rashid Ansari has impugned order dated 17th August, 2001 passed by the first respondent Shri M.N. Singh, Commissioner of Police for Greater Bombay detaining the detenu under sub-section (1) of section 3 of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders and Dangerous Persons Act, 1981 (No. LV of 1981) (Amendment 196) (hereinafter referred to as the "M.P.D.A. Act" for short). The detention order along with grounds of detention both dated 17th August, 2001 were served on the detenu and true copies are annexed at Exh. A and B respectively to this petition.

2. Perusal of the grounds of detention shows that the impugned order is found on two C.Rs. and two in-camera statements. The first C.R. being C.R. No. 49 of 2001 for offences under sections 302, 307, 449 and 34 of Indian Penal Code (I.P.C.) read with sections 4 and 25 of the Arms Act on the complaint of Shri Hasan Shah registered by the Paydhuni Police Station. The case was subsequently transferred to the D.C.P., C.I.D. Unit No. 1 for further investigation vide C.R. No. 22 of 2001. The other C.R. being C.R. No. 50 of 2001 for the offences under sections 307 and 34 of I.P.C. read with 3 and 25 of the Arms Act registered by the Agripada Police Station on the complaint of Shri Rafique Asif Gulam Husain Shaikh. The two in-camera statements are of witnesses 'A' and 'B' both recorded on 23rd June, 2001.

3. The details pertaining to C.R. No. 22 of 2001 are as follows :

On 8th February, 2001, at about 11.30 hours Shri Hasan Shah had attended office at "Sana Enterprises". One Shri Ezaz Ahmed who had purchased one gala No. 14 from Shri Mohd. Sharif Abdul Gafoor Shaikh @ Sharif Tunda in "Royal Touch" came in his office and gave Rs. 4,50,000/-, as its price. At the same time deceased Shri Mohd. Sharif Abdul Gafoor Shaikh @ Sharif Tunda also came in his said office and discussed with Shri Ezaz Ahmed about his business. Then Shri Ezaz Ahmed left office. At about 14.00 hours, Shri Mohd. Sharif Abdul Gafoor Shaikh @ Sharif Tunda along with Hasan Kasam Shah had gone for lunch in the building opposite his office in his parents house. At about 14.30 hours, they both came back in the office, after about 15 to 20 minutes one of the associate of the detenu came into the office and made enquiry about Venus Enterprises. Shri Hasan Shah replied in negative. After few minutes the detenu along with his associates Habib Ahmed Sohel Ahmed Shaikh @ Rocky, Anwar Khan @ Raja Mohd. Hashim Khan and Mohd. Shabir @ Sachin @ Pappu Ahmed Khan entered in his office and the other associates of the detenu Madan @ M.D., Nasir Hussain Khan and Mohd. Salim @ Vicky were standing out side office of Shri Mohd. Sharif @ Tunda and were keeping watch. After entering office the detenu and his said associates surrounded Shri Hasan Shah and deceased Shri Mohd. Sharif Abdul Gafoor Shaikh @ Sharif Tunda. The detenu and his associates Habib, Anwar @ Raja and Sachin took out choppers and repeatedly gave blows of choppers first on deceased Shri Mohd. Sharif Abdul Gafoor Shaikh @ Sharif Tunda. Shri Hasan Shah tried to intervene when the detenu assaulted him with weapon at his left car side and on his neck. The deceased Mohd. Sharif tried to run away in order to save his life, when the detenu and his said associates repeatedly assaulted Shri Mohd. Sharif all over his body. Due to severe attack Shri Mohd. Sharif collapsed on the floor. Then the detenu and his said associates ran away from the place. While going the detenu and his said associates closed the door from outside. Shri Hasan Shah immediately informed the incident to Police Control Room on telephone number 100. After few minutes police arrived on the spot and removed injured Shri Mohd. Sharif at J.J. Hospital where he was declared dead before admission. One week prior to this incident detenu and

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