VISHNU SAHAI, S.RADHAKRISHNAN, B.P.SINGH
Shubhangi Tukaram Sawant – Appellant
Versus
R. H. Mendonca, Commissioner of Police – Respondent
JUDGMENT
S. Radhakrishnan, J.- In both the above writ petitions detention orders passed by the first Respondent Commissioner of Police, Brihan Mumbai under the provisions of Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders and Dangerous Persons Act, 1981 have been challenged and the detenus Tukaram Bhaskar Sawant and Raju Bhagwan Gupta have been described as dangerous persons. Earlier both the writ petitions came up before the Division Bench of this Court and in view of the conflicting views of the various Division Benches of the High Court with regard to the meaning of "dangerous person" the Division Bench by its order 25th April. 2000 had directed the Registrar to seek appropriate orders from the Hon'ble Chief Justice for constituting a larger bench, to resolve the conflict as to whether it is imperative that a person must have to his discredit two or more convictions before he can be detained as a "dangerous person", as per Section 2 (b-1) of the aforesaid M.P.D.A. Act. Accordingly the present Full Bench was constituted to resolve the above conflict.
2. Thus, we have heard both the learned counsels exhaustively on the above question of law
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Mustakmiya Jabbarmiya Shaikh v. M.M. Mehta. (1995) 3 SCC 237. (Para 7)
Amanulla Khan Kudeatella Khan Pathan v. State of Gujarat. (1999) 5 SCC 613. (Para 9)
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Mahadeolal Kanodia v. Administrator General of W.B. AIR 1960 SC 936. (Para 39)
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