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2005 Supreme(Bom) 951

N.V.DABHOLKAR, S.B.DESHMUKH
MAGAR – Appellant
Versus
STATE OF MAHARASHTRA – Respondent


Judgment

N. V. DABHOLKAR,J.

( 1 ) THE writ petition invites this court to exercise its plenary powers under Article 226 read with 227 of the Constitution of India, and prays to quash and set aside detention order No. D. O. 2005/mpda/det-1/cd-8, dated 24-2-2005, issued by respondent No. 2 in exercise of powers conferred by section 3 (1) of the Maharashtra Prevention of dangerous Activities of Slumlords, Bootleggers, Drug-offenders and Dangerous persons Act, 1981. (Henceforth, referred to as "mpda Act".)

( 2 ) FACTUAL matrix essential for the purpose, can be stated as follows:- by considering proposal sponsored by the Crime Branch, Aurangabad, the commissioner of Police, Aurangabad, (henceforth referred to as "respondent No. 2"), passed an order on 24-2-2005 in three parts as at Exhibits A and B to the petition. Observing that, it is necessary with a view to prevent him from acting in any manner prejudicial to the maintenance of public order, respondent No. 2 has directed detention of the petitioner. There is no dispute that, respondent No. 2 is delegated and empowered to exercise powers under section 3 (1) of the MPDA act. A report as required under section 3 (3) of the said Act, was










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