JUDGMENT - DESHPANDE D.G., J.:---Heard Mr. Prafulla B. Shah for the petitioner and the learned A.P.P. for the State. Petitioner is the detenu. The order of detention is passed against him under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers and Drug Offenders Act, 1981 ('MPDA Act'). It is dated 14-12-2001. The grounds of detention are of the even date. The detenu is detained as a Bootlegger as defined under the provisions of the MPDA Act. 2. The detention is challenged on number of grounds. However, Mr. Shah restricted himself to only one point and we are disposing of this petition only on that ground. 3. It was contended by Mr. Shah that in paragraph 6 of the grounds of detention the Detaining Authority has observed as under : "Thus it is clearly evident that you have been regularly indulging in the safe and manufacture of illicit liquor along with your hirelings. Your activities are causing and are calculated to cause wide spread danger to the life and health of the people in this area. Many persons have been addicted to drinking of illicit liquor manufactured by you. This has not only caused untold loss to their health but have also rendered them paupers and ruined their families. The record of Yerawada Police Station shows that during the last 3 years 23 persons have died either due to excessive drinking or have committed suicide under the influence of alcohol. The families in which the above deaths have occurred have naturally caused untold sufferings to their families, financially, socially otherwise. This indicates that your illegal business of illicit liquor is highly hazardous to the society." 4. Mr. Shah contended that from the aforesaid observations of the Detaining Authority in the grounds of detention, it is clear that the Detaining Authority has taken into consideration the deaths of 23 persons caused due to suicide under the influence of liquor or on account of consumption of illicit liquor on the basis of the record of the Yerawada Police Station. Mr. Mr. Shah contended that from the documents given to the detenu, it is clear that no record of Yerawada Police Station about the so-called 23 deaths was provided to the detenu and if the said record was also not provided to the Detaining Authority by the sponsoring authority, then there is no explanation as to from which source the Detaining Authority came to conclude that 23 persons have died or have committed suicide because of excessive drinking. Non supply of the documents to the detenu about a very serious and grave fact and consideration of the same by the Detaining Authority clearly show that the detention order is passed on extraneous material. Therefore, according to him the detention is liable to be vitiated. 5. The learned A.P.P. tried to contend that para 6 of the grounds of detention is a preamble to the two in-camera statements which was reproduced and recorded immediately after para 6. He also contended that on the basis of the affidavit of the Detaining Authority that this way only for the purpose of passing a reference or to show hazardous effect of the illicit business that the detenu was carrying on. 6. We are not in agreement with the submissions made by the learned A.P.P. It is true that in para 6 a general mention is made about the atmosphere created by the detenu because of his illegal activities. However, the portion of para 6 quoted above, by us, has no nexus with the recording of in-camera statements. It cannot be said that the aforesaid portion is a passing reference because the stress and emphasis is on the activities of the detenu and in that connection and in continuity it is said that as per the record of the Yerawada Police Station 23 persons died over due to excessive drinking or for committing suicide under the influence of alcohol. Admittedly, no such material was available with the Detaining Authority but still the same has been considered and therefore this detention order suffers from consideration of extraneous material and is liable to be vitiated. As a result, we pass the following order : ORDER Petition is allowed. Rule is made absolute. Detention of the detenu Pandu Soma Chavan is quashed. He be set at liberty if not required in any other case. Petition allowed. -----