Criminal Writ Petition No. 364 of 1996. Case: Shri Harun Habibullah Shaikh Vs Shri R. H. Mendonca Commissioner of Police Thane and others. High Court of Bombay (India)
| Case Number | Criminal Writ Petition No. 364 of 1996 |
| Counsel | For Appellant: Mr. S. R. Chitnis, Adv. and For Respondents: Mr. D. G. Bagwe, Additional Public Prosecutor |
| Judges | V. Sahai, J. and A. S. V. Moorthy, J. |
| Issue | Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders and Dangerous Persons Act (55 of 1981) - Sections 3, 2(a) |
| Citation | 1997 CriLJ 2085 |
| Judgement Date | October 16, 1996 |
| Court | High Court of Bombay (India) |
Judgment:
Vishnu Sahai, J.
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By this petition, preferred under Art. 226 of the Constitution of India, the petitioner has impugned the detention order dated 25-3-1996 passed by the respondent No. 1, by virtue of the powers vested in him by Section 3 of the Maharashtra Prevention of Dangerous Activities of Slumlords Bootleggers and Drug Offenders Act, 1981, detaining him under the said Act.
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The prejudicial activities of the petitioner necessitating the issuance of the impugned detention order are contained in the grounds of detention, bearing the same date, as the detention order i.e. 25-3-1996. A true copy of the grounds is annexed as Annexure-C to the petition. Both, the detention order and the grounds of detention were served on the petitioner contemporaneously on 26-3-1996.
Briefly stated the grounds of detention read thus:-
The petitioner along with his associates, servants, hirelings-drivers, transported illicit liquor in motor cars, jeeps and tempo and used to deliver the same in different areas in Thane and Bombay. From preventing the vehicles containing illicit liquor from being apprehended, by the police, they used to drive them in a rash and negligent manner causing accidents and endangering human lives. While committing such activities, they did not hesitate in dashing against the policemen on duty who tried to stop their vehicles, laden with liquor
It is also mentioned that action against the petitioner under the ordinary law of the land in preventing him from indulging in activities, prejudicial to the maintenance of public order has been found to be inadequate and thrice earlier, he had been detained under the said Act.
In the grounds of detention, a number of incidents have been set out. We have referred to them as A, B, C, D, E, F, G and H. In short, they read thus:-
(A) On 23-4-1995, an FIR was lodged under Section 66(b) of the Bombay Prohibition Act on the complaint of PSI S. B. Ghadge of Wagle Estate Police Station against the petitioner and his two associates. The gravamen of the allegations in the said FIR are that on the said date at 1.30 hours, while Senior Police Inspector of Wagle Estate Police Station along with 3 policemen was on duty, and was passing by Golden Dye Naka, a fiat car at a very high speed overtook the police jeep. The Senior Police Inspector asked the driver of his jeep to follow the fiat car. The same was stopped at 4.45 hours on the road. Two of the associates of the petitioner were caught but, the petitioner who was driving the car managed to escape. Inside the car, 400 litres of illicit liquor was found. The liquor in the car belonged to the petitioner. The petitioner was arrested on 24-7-1995. In the said case, the petitioner was released on bail. After investigation, he has been charge sheeted.
(B) This incident arises out of C.R. No. III-134/1995 registered under Section 66(b) 81 of Bombay Prohibition Act on the complaint of police constable B.B. Mane of Wagle Estate Police Station. The allegation is that on 15-6-1995, P.I. Pimple Kshirsagar and some police personnel who were present at Wagle Estate Police Station received information that illicit liquor was being sold by the hirelings of the petitioner at Indiranagar, Behind Fish Market. They raided the said place and found two hirelings of the petitioner namely Gopalkrishna Pillai and Sunil Sakat, selling illicit liquor. The former was found in possession of a plastic can containing 10 litres of illicit liquor and the latter in possession of a similar can containing 9 litres of illicit liquor. The said persons revealed that they were paying the petitioner Rs. 300/- per day for running the den. In the said case, the petitioner was arrested on 24-7-1995 and made a statement before the police that he was dealing with the transportation of illicit liquor. He was released on bail after investigation. He and his hirelings were charge-sheeted.
(C) Incident (c) arises from an FIR lodged by police constable Dalvi Patil at Wagle Estate police station under Sections 66(b) and 65(a), 81 of the Bombay Prohibition Act. The averment in the FIR is that on 25-6-1995, at about 11 p.m. PSI Kshirsagar and others were on patrol duty and while they were near 'Anugrah Hotel' Shivajinagar, a private vehicle overtook their jeep. On suspicion, they stopped the jeep. Two of the occupants escaped. The jeep driver was apprehended. He disclosed that the persons who escaped were the petitioner and his associate, one Sarovar Shaikh. When the jeep was searched, 20 motor tubes each containing 40 litres of illicit liquor were found. The petitioner was arrested on 24-7-1995. In the statement before the police, he admitted about the commission of offence and was released on bail. On completion, of investigation, with his associates, the petitioner was charge sheeted.
(D) Incident (D) arises out of an FIR lodged by police constable Motilal Sonawane for offences under Sections 66(1)(b) 83(a), of the Bombay Prohibition Act against the petitioner and his driver at police station Kapurbavdi. The allegation is that on 10-8-1995, at about 6.30 p.m. when PSI Gaikwad along with others was on check post duty at Kharegaon naka, he received reliable information that the petitioner was going to transport illicit liquor to Bombay through Kharegaon naka check post, in a fiat car. Consequently, police party placed drums on the road. At about 8.30 p.m. they noticed one fiat car coming from Kharegaon naka which they signaled to stop. On the car stopping, the petitioner got down and ran away towards Saket complex. In spite of the police chasing him, he escaped. However, his driver one Hamid Mohiddin Shaikh was arrested and from the car, 35 motor tubes each containing 40 litres of illicit liquor were recovered. In the said case, the...
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