Dr. A. S. ANAND, J. - (1.) Leave is granted in SLP(Cri) No. 3227 of 1991. Writ Petition No. 1247 of 1991 filed under Art. 32 of the Constitution of India is also taken up for disposal along with the aforesaid appeal, which is directed against the judgment of the Division Bench of the Bombay High Court in Criminal Writ Petition No. 597 of 1991, since it is same order of detention which has been called in question in both the cases.
(2.) Both the appeal and the Writ Petition have been filed by the wife of one Harvinder Singh alias Kukku, who has been detained vide order of detention, dated 26th February 1991, issued under the provisions of Section 3(1) of the Maharashtra Prevention of Dangerous Activities of Siumlords, Bootleggers and Drug Offenders Act, 1981 Hereinafter referred to as the 'Act'). The appellant had questioned the detention of her husband through Criminal Writ Petition No. 597 of 1991 before the Bombay High Court on various grounds. The High Court, however, did not find any merit in the challenge and being of the opinion that there was no infirmity in the order of detention dismissed the Writ Petition. Appellant has filed an appeal by Special Leave against the High Court judgment and has also questioned the order of detention through a petition under Art. 32 of the Constitution. The facts leading to the detention of the detenu as reflected in the grounds of detention are as follows:
(3.) The police personnel, attached to Matunga Police Station, were maintaining a watch on vehicles passing near the fish market with a view to check transportation of illicit liquor. On 9th September 1990, a black Fiat Car, bearing registration No. BLD 1674, was seen coming from the direction of Chembur at about 0845 hrs. The police party signalled the driver to a stop. Instead of stopping the car, the detenu, who was driving the car, accelerated the car and drove it straight towards the police party giving rise to an apprehension in the mind of the police party that they were likely to be run over and to save themselves they jumped on to the foot-path. While so driving the car towards the police party, the detenu also hurled abuses at them and shouted that he would kill them. The detenu kept driving the car recklessly and then dashed against a pedestrian causing him injury and even at that time instead of stopping the car shouted that whosoever would come in his way would be killed. The detenu kept on driving the car recklessly and dashed the car against a stationary taxi damaging it. As a result of the collision the car came to a stop. As soon as the car stopped, the police party, with a view to apprehend the detenu and the other persons sitting in the car rushed towards them. The detenu and two other persons sitting inside the car jumped out and escaped. A police case came to be registered With the Matunga Police Station against the detenu and two unknown persons for offences under Ss. 307, 324 read with S. 34 of the Indian Penal Code. The detenu made himself scarce and could not be immediately arrested. He was eventually traced and arrested on 13th September, 1990. when he made a statement admitting that he was engaged in transporting illicit liquor on 9-9-1990 and also admitted his escape after hitting the pedestrian and the stationary taxi after driving the car towards the police party which signalled to stop him. The detenu was produced before the Metropolitan Magistrate on 14-9-1990 and was released on bail on the condition that he should attend the police station between 6.00 to 8.00 p.m. everyday till 24-9-1990. However, the detenu failed to carry out the condition which led to the cancellation of his bail on 24-9-1990 and he was taken into custody. The detenu then moved the Sessions Court against cancellation of his bail. His application was accepted and he was admitted to bail.;