1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2363 OF 2007 Sandip Vithal Kindre. ...... ... ... Petitioner. Versus Shri D. N. Jadhav, Commissioner of Police, & Ors. .... .... ... Respondents. Mr. U. N. Tripathi for the Petitioner. Mr. S. R. Borulkar, Public Prosecutor, for the Respondents. CORAM: BILAL NAZKI and S. A. BOBDE, JJ. DATED : 29TH FEBRUARY, 2008. P. C.: This writ petition has been filed by the Detenu, who has been detained in terms of Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders and Dangerous Persons Act, 1981 by an order dated 9th October, 2007. The grounds of detention were served on the Detenu. Reply affidavit has been filed by the respondents. We have heard the learned Counsel for the parties. 2. The grounds of detention refers to only one instance of alleged crime having been committed by the petitioner being C. R. No. 183 of 2007 for the offence punishable under Sections 394 and 34 of the Indian Penal Code. During the course of investigation Section 397 of the Indian Penal 2 Code was added. Pendency of one crime case against the petitioner could hardly be taken to be a sufficient material for coming to the conclusion that he was threat to public order and, therefore, his detention was essential. In addition to this case, two in-camera statements were recorded by the police from the unknown witnesses, but no police officer certified that the statements given by these two witnesses disclose the true facts and as such these statements could have not been taken into consideration as material for coming to the conclusion that the detenu needed to be detained. In this connection reliance is placed on the judgment passed by this Court on 1st February, 2008 in Criminal Writ Petition No. 998 of 2007. 3. Since the controversy is covered by our judgment, we allow the writ petition and quash the order of detention and direct the detenu be released forthwith, if not required in any other case. Sd/- (BILAL NAZKI, J.) Sd/- (S. A. BOBDE, J.)