25.wp.1873-09 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1873 OF 2009 Nasib Baig Zahoor Baig. ..Petitioner. Versus Shri Hasan Gafoor, Commissioner of Police, Mumbai and 2 others. ..Respondents. .......................... Mr.U.N. Tripathi, Advocate for the petitioner. Mrs.A.S. Pai, A.P.P., for the Respondent – State. .......................... CORAM : BILAL NAZKI AND A.R. JOSHI, JJ. DATE : 28TH AUGUST, 2009. P.C. :- 1. Counter affidavit has been filed. 2. The brother-in-law of the petitioner has been detained by an order of the Commissioner of Police under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders and Dangerous Persons Act, 1981 by an order dated 8.12.2008. This detention had been made mainly on a fact that the petitioner was involved in an offence under Section 452, 457, 376(2)(g), 506(ii), 342 r/w. 34 of Indian Penal Code registered under C.R. No.249 of 2008. 3. A co-accused in this case viz. Dayanand @ Daya Madhukar Shedge was also detained by an order of same date. The said Shedge 25.wp.1873-09 2 challenged his detention by way of Criminal Writ Petition No.1196 of 2009. In both the Petitions, there are same grounds of detention and same grounds for challenging the detention. One of the grounds on which this Court quashed the order of detention in Writ Petition No.1196 of 2009 was that the Detaining Authority had no material before him that the detenu was going to be released as he was facing serious offences in the case registered against him. In the earlier case, the detenu had moved a bail application but had withdrawn it. But, in the present case, it is stated that, the detenu did not even move a bail application. Therefore, for the reasons given by us in Criminal Writ Petition No.1196 of 2009, this Petition is also allowed. The order of detention is quashed. Detenu be released forthwith if not needed in any other case. 4. Criminal Writ Petition is disposed of accordingly. [BILAL NAZKI,J.] [A.R.JOSHI,J.]