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2000 Supreme(Bom) 137

J.N.PATEL, S.G.MAHAJAN, S.K.SHAH
Sunil s/o Sadashiv Ghate – Appellant
Versus
State of Maharashtra and others – Respondent


JUDGMENT

J.N. PATEL, J.:---Heard learned Counsel for the parties.

These two writ petitions came up for hearing before the Division Bench of this Court at Nagpur. As there was divergence of opinions between different Benches of the Court on the point in issue, an order of reference dated 21st December, 1999, came to be passed and this is how the matter has been placed before us for consideration.

2.The order of reference dated 21st December, 1999, is as under :

1. We have heard the two petitions at length.

2. A common ground challenging the impugned orders of detention is taken by the petitioner in these two petitions, which according to the petitioners, is sufficient to vitiate the orders, the ground being that Detaining Authority having failed to communicate to the detenu at the time of the service of the impugned order of detention that until the approval of the impugned order of detention by the State Government under section 3(3) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders and Dangerous Persons Act, 1981 (hereinafter referred to as the M.P.D. Act, 1981) i.e., for a period of 12 days from the making of the impugned order of detenti













































































































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