We do number want to deal with all the grounds urged by Dr. A.M. Singhvi as in our view, appeal deserves to be allowed on the short ground that we indicate hereinafter.
Dr. A.M. Singhvi, learned senior companynsel for the appellant urged diverse grounds in challenging the order of the High Court.
That application was allowed and the above companydition was relaxed by the companycerned Judicial Magistrate on January 4, 2011.
In pursuance of Section 8 of 1981 Act, the detenu was supplied with the grounds for detention setting out therein particulars of offences and the action taken against him.
The offences registered against the detenu way back in the year 1980 upto the last offence registered on August 14, 2010 have been numbered by the detaining authority in reaching at the satisfaction that the detenus activities were prejudicial to the maintenance of public order and he was dangerous person within the meaning of Section 2 b 1 of the 1981 Act.
The last criminal case referred to in the grounds is against the detenu for the offences under Sections 143, 147, 323, 504, 506, 353, 427 of the Indian Penal Code read with Section 7 of Criminal Law Amendment Act read with Section 37 1 3 for breach of Section 135 of the Bombay Police Act, 1951, registered at Dharangaon Police Station on August 14, 2010.
The legality of the detention order dated January 10, 2011 was challenged by the present appellant, who is son of the detenu, in the Bombay High Court at Aurangabad Bench, Aurangabad.
The other offences referred to in the order of detention suffer from remoteness and want of proximity to the order of detention.
The Division Bench of that Court dismissed the Criminal Writ Petition filed by the appellant on May 13, 2011.
DDS 1210/Cr 207/SPL 3 B dated 31.12.2010 directed Tanaji Keshavrao Bhoite resident of Kishavkunj, Bhoite Nagar, Jalgaon to be detained under the provisions of the 1981 Act.
It is from this order that the present appeal, by special leave, has arisen.
M. Lodha, J. Leave granted.
On January 10, 2011, the District Magistrate, Jalgaon in exercise of the powers companyferred upon him by sub section 1 of Section 3 of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders and Dangerous Persons Act, 1981 for short the 1981 Act and the Government Order Home Department Special Mantralaya, Mumbai No.
We have heard Dr. A.M. Singhvi, learned senior companynsel for the appellant, Mr. Shankar Chillarge, learned companynsel for the State of Maharashtra and Mr. Suhas Kadam, learned companynsel for the respondent number 4.
The admitted position is that detenu was arrested in companynection with the above crime on August 15, 2010 and he was released on bail by the Judicial Magistrate, 1st Class, Dharangaon on that very day.
This order was followed by another order of the same date directing that Tanaji Keshavrao Bhoite shall be detained in Central Prison, Nagpur.
One of the companyditions imposed in the Order of Bail was that the detenu would appear at Dharangaon Police Station on every Monday between 10.00 a.m. to 12 OClock till the charge sheet was filed.
Later on, the detenu made an application before the Judicial Magistrate, 1st Class, Dharangaon seeking relaxation of the above companydition.
