SOUD AHMED JUBBER KHAN Vs. O P BALI

JUDGEMENT

(1.) ONE Soud Ahmed Jubber Khan brother of the detenu Jameer Ahmed Khan @ Don has filed the present petition challenging the order of detention dated 12th May, 1998 issued under the provision of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders and Dangerous Persons Act, 1981 (Mah. Act No. LV of 1981 ). The order of detention is issued with a view to preventing the detenu from acting in any manner prejudicial to the Maintenance of Public Order. The detention order dated 12th May, 1998 and the grounds of detention in support thereof bearing the same date were served on the detenu on 13th May, 1998 along with the translated version thereof in Hindi.

(2.) IN this petition, rule was issued on 13th July 1998 and the rule was made returnable within six weeks. However, on behalf of the respondents, no affidavit is filed. When the petition was taken up for hearing, Mr. Rajiv Patil learned Additional Public Prosecutor requested this Court that the State may be given time to file affidavit in reply. Our attention was drawn by Mr. Marwadi, learned Counsel appearing for the petitioner to the order of the Supreme Court dated 23rd February 1999 where the Supreme Court has made the following observations :--

(3.) IN the grounds of detention, the detaining authority has relied upon four cases. They are :---