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2003 Supreme(Bom) 294

R.G.DESHPANDE, P.S.BRAHME
Samsher Ali Ramian Ali – Appellant
Versus
State of Maharashtra & another – Respondent


JUDGMENT - BRAHME P.S., J.:---Heard Mr. Jaiswal, learned Counsel for the petitioner and Shri Sudhir Loney, learned A.P.P. for the respondents.

2. Petitioner has approached this Court, under Article 226 of the Constitution of India, challenging the order passed by Detaining Authority i.e. respondent No. 2, under section 3(1) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders Act, 1981 (55 of 1981) (hereinafter referred to as 'the Act').

3. The petitioner has been detained on 30th September, 2002 by the order of detention dated 28th September, 2002 by respondent No. 2. The copies of documents and grounds of detention were served on detenu/petitioner on 3rd October, 2002. The order of detention has been approved on 8th October, 2002.

4. The petitioner has challenged the order of detention on several grounds as indicated in the petition. However, since we are of the opinion that the petition deserves to be allowed in view of the decision of the Apex Court reported in 1988(Supp.) S.C.C. 568 (Commissioner of Police and another v. Gurubux Anandram Bhirvani)1, we do not find it necessary to advert to the details of the grounds raised by the petitio








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