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1985 Supreme(Bom) 331

S.M.DAUD, R.A.JAHAGIRDAR
Ramesh Ganpat Ghanekar – Appellant
Versus
R. D. Tyagi, Commissioner of Police & another – Respondent


JUDGMENT - R.A. JAHAGIRDAR, J.:---An order of detention dated 18th August, 1985 issued by the Commissioner of Police, Thane, in exercise of powers under section 3(1) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers and Drug-offenders Act, 1981 (hereinafter referred to as "the Act") in relation to the petitioner is challenged in this petition under Article 226 of the Constitution. Along with the order of detention, the grounds of detention formulated in Marathi were supplied to the petitioner. The petitioner has challenged the said detention order by contending, among other things, that the Detaining Authority has taken into consideration irrelevant factors which would not justify the subjective satisfaction at which the Detaining Authority has arrived.

2. Before proceeding to consider the challenge of the petitioner to the order of detention, it would be advantageous to notice briefly the provisions of the said Act. Section 2(b) defines a bootlegger. A bootlegger means a person who indulges in, among others things, the manufacturing, storing, transporting and selling of any liquor in contravention of any provisions of the Bombay Prohibition Act, 1949,














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