AMIN MEHBOOB SHAIKH Vs. DISTRICT MAGISTRATE PUNE

JUDGEMENT

(1.) Rule. Rule made returnable forthwith, by consent. Learned APP waives notice. This petition takes exception to the detention order bearing No. PHM/MPDA/SR/01/2010 dated 27th July, 2011 issued under section 3(1) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug-offenders and Dangerous Persons Act, 1981 (hereinafter referred to as the said Act for the sake of brevity) by the District Magistrate, Pune against the petitioner.

(2.) The petition raises several grounds. However, in our opinion, it is not necessary to elaborate all the grounds except to refer to ground 6(c) of the writ petition. It is stated that the Detaining Authority has referred to and relied upon the criminal case registered against the petitioner which is evident from the grounds of detention served on the Detenu. However, except the FIR and crime register copy of the five C. Rs., no other material was placed before the Detaining Authority. According to the petitioner, the documents such as Statements of witnesses, Bail Applications, Bail Orders, Remand Applications, Identification parade Report, Land Record documents, Panchnamas, Medico-Legal documents, Statement of the Accused etc. which are all vital documents, were neither placed before the Detaining Authority, nor the copies thereof are furnished to the Detenu alongwith the grounds of detention.

(3.) In response to this ground, the Detaining Authority has filed affidavit, which states as follows: