ARIJIT PASAYAT, P.P.NAOLEKAR
STATE OF MAHARASHTRA – Appellant
Versus
MEHAMUD – Respondent
ARIJIT PASAYAT, J.
( 1 ) CHALLENGE in this appeal is to the judgment rendered by a division Bench of the Bombay High Court, Nagpur Bench quashing the order of detention passed by the District magistrate, Nagpur Bench. By the order dated 12th August, 1999 the District Magistrate had directed detention of the respondent (hereinafter referred to as the 'detenu') under section 3 of the Maharashtra Prevention of Dangerous activities of Slumlords, Bootleggers and Drug Offenders Act, 1981 (in short the 'act' ). By the said order the District magistrate had ordered that the detenu was to be treated as a "dangerous person" and therefore there was need to detain him. The order of detention was served on the detenu on 14th august, 1999 and the period of detention was to last for one year. The order of detention was challenged before the High court primarily on two grounds; firstly there should have been a contemporaneous or simultaneous service of the grounds on the detenu as the said grounds alone contained intimation to him that representation could be made by him to the State government; secondly, there was no material to show that detenu was habitually committing or attempting to commit
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REFERRED TO : Mustakmiya Jabbarmiya Shaikh v. M.M.Mehta, Commissioner of Police and Ors.
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