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1999 Supreme(Bom) 805

J.N.PATEL, S.G.MAHAJAN
Anil s/o. Damodhar Paunipagar – Appellant
Versus
State of Maharashtra & others – Respondent


JUDGMENT - Per J.N. PATEL, J.:---By this petition of habeas corpus, the petitioner seeks quashing and setting aside of the detention order passed by the respondent Commissioner of Police, Nagpur.

2. On 16-4-1999 Shri Ulhas Joshi, the Commissioner of Police, Nagpur City passed an order that the petitioner be detained under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders and Dangerous Persons Act, 1981 (Amendment of 1996) (Mah. LV of 1981), for short "MPDA Act of 1981" in order to prevent him from acting in any manner prejudicial to the maintenance of public order. The detention order came to be passed by the Commissioner of Police in exercise of powers conferred on him under sub-section (1) of section 3 of MPDA Act of 1981 read with Government Order, Home Department (Spl.) No. DOS. 1399/4/-SPL-3 (B), dated 3rd February, 1999.

3. The Detaining Authority in the grounds of detention dated 16-4-1999 communicated to the petitioner found that the petitioner was a dangerous person defined under the provisions of MPDA Act of 1981 on the basis of 14 cases committed by the petitioner since the year 1989 in the jurisdiction of Sitabuldi and Sadar Pol















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