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2008 Supreme(Bom) 1070

BILAL NAZKI, A.A.KUMBHAKONI
Abdul Rehman Abdul Wahid – Appellant
Versus
D. N. Jadhav – Respondent


Advocates appeared
Mr. U.N. TRIPATHI, for the Petitioner.
Mr. D.S. MHAISPURKAR, APP, for the State.

A.A. KUMBHAKONI, J.:-

This is a habeas corpus petition filed under Article 226 of the Constitution of India by a detenu who is presently detained at Central Prison Thane. This petition questions validity of order of detention being D.O. No.123/PCB/DP/Zone-II/2007 dated 23rd October, 2007 (hereinafter referred to as "the impugned order" for the sake of brevity), issued under section 3(1) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders and Dangerous Persons Act, 1981 (hereinafter referred to as "the said Act" for the sake of brevity), passed against the detenu by the Commissioner of Police, Brihan Mumbai.

2. On 7th September, 2007 Senior Inspector of Police of Pydhonie Police Station, Mumbai submitted a proposal for detention of the detenu under the said Act. The detaining authorities considered and scrutinized the material placed before it and upon its subjective satisfaction that the activities of the detenu were prejudicial to the maintenance of the public order and that the detenu was dangerous person within the meaning of the said Act and further that it was necessary to detain the detenu under the said Act with a view to prevent him
















































































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