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2011 Supreme(Bom) 722

2011 ALLMR(Cri) 3481
IN THE HIGH COURT OF JUDICATURE AT BOMBAY (NAGPUR BENCH)
MRS. V. K. TAHILRAMANI & M. L. TAHALIYANI, JJ.
Firoz Khan alias Aabu S/o. Ajijkhan Alias Pappu Pahelwan – Appellant
Vs.
State of Maharashtra & Anr. – Respondent
Criminal Writ Petition No.159 of 2011
Decided On: 30th June, 2011.

Advocates appeared:
Mr.N .S.KHANDEW ALE, Advocate for Appellant.
Mrs. BHARTI DANGRE. Additional Public Prosecutor for Respondents.

Headnote:Maharashtra Prevention of Dangerous Activities of Slumlords Bootleggers Drug Offender and Dangerous Persons Act, 1981 - Section 3(1) - Detention order. Since satisfaction of Detaining Authority expressed in affidavit and not in grounds of detention, is sufficient hence order of detention valid and proper.

JUDGMENT

MRS. V. K. TAHILRAMANI, J.:- Through this writ petition, preferred under Article 226 of the Constitution of India, the petitioner, who is wife of the detenu, has challenged order of detention dated 31.12.2010 passed by respondent No.2 Commissioner of Police, Nagpur. By the said order the detenu has been detained for a period of one year under subsection (1) of Section 3 of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders, Dangerous Persons And Video Pirates Act. 1981 (hereinafter referred to as "MPDA Act"). The Order of Detention along with the grounds of detention and annexures were served on the detenu on 10.01.2011.

2. The detention order is based on three C.R.S. i.e. CR. No.109 of 2010 of Sitabuldi Police Station and CR. No.79 of 2010 and CR. No.131 of 2010 of Sakkardara Police Station. C.R. No.109 of 2010 is under section 363, 324 read with 34, Crime No.79 of 2010 is under Section 324 read with Section 143, l47, 148 and 149 of the Indian Penal Code and Clime No.131 of 2010 is under Sections 385, 452, 294, 506-11 read with Section 34 of the Indian Penal Code. In the first case i.e. Clime No. 109 of 2010 a young boy was picked up from Zanshi Rani Chowk at about 7.00 p.m. he was forcibly dragged and put in a car. A piece of cloth was forcibly stuffed in the mouth of the boy then he was assaulted. In relation to this incident crime came to be registered against the detenu and his associates.

3. In crime No.79 of 2010 the detenu and his associates armed with swords, spears and Khukari came to the house of the complainant. They started abusing him in filthy language and told him that they will not allow him to reside in the said area. When the complainant asked what he had done, the detenu got angry and assaulted the complainant with Khukari. The third C.R. is registered in relation to offence of extortion.

4. In addition to the three C.Rs to issue the order of detention reliance is also placed on in-camera statements of witnesses A & B. Witness A has stated that the detenu is a notorious bully in the locality. He threatens people in Tajbagh Area and demands money from them as protection money. Due to fear no-one in the locality comes forward to lodge complaint against him. He has fm1her stated that one day in the month of June, 2010 at about 8.00 p.m. when the witness was standing near a Paan Shop the detenu and his associates stopped him and told him that he has done a lot of business and if he wanted to stay in the said area he should immediately pay Rs.Ten Thousand. As the witness did not pay the• amount the detenu whipped out a knife from the pocket and put it on the neck of the witness and threatened him. The detenu then forcibly took out Rs.8,300/- from the pocket of the witness. Due to fear the witness did not rep0l1 the matter to the police.

5. In-camera witness B has stated that the detenu along with his associates moves around in Tajbag area aimed with deadly weapons. The detenu demands money from shop keepers ill the area. Due to fear to their lives and property every shopkeeper was paying Rs.500/- to Rs.1,000/- per month to the detenu as extortion money. If someone refused to give the money, the detenu and his associates assaulted the person. The witness has further stated that in the month of May, 2010 at about 7.30 p.m. the detenu came to his shop and demanded Rs.500/- . When the witness stated that he was not in a position to give Rs.500/-, the detenu got angry and threw away the articles from his shop. He also abused the witness in filthy language and threatened the witness by saying that he would burn the shop of the witness. Due to fear the witness gave Rs.500/ - to the detenu. On account of fear the witness did not report the matter to the police. It may be stated that third Crime i.e. C.R. No.131 of 2010 is inter alia also under Section 385 I.P.C. i.e. extortion. Details of the there crimes and two in-camera statements show that the activities of the detenu w











































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