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2015 Supreme(Bom) 657

B.R.GAVAI, A.S.GADKARI
Rohidas @ Pintya Laxman Gupte – Appellant
Versus
Commissioner of Police – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Udaynath Tripathi, Advocate.
For the Respondents: J.P. Yagnik, APP.

Judgment :-

A.S. Gadkar, J.

1. The Petitioner has filed the present Petition under Article 226 of the Constitution of India for a writ of Habeas Corpus inter alia challenging the detention order passed by the Respondent No.1 dated 4th October, 2014 bearing No.4686/PCB/DET/2014 in exercise of its powers under Section 3(2) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders, Dangerous Persons and Video Pirates Act, 1981 (Maha. Act No.LV of 1981) (Amendment – 1996) (Amendment – 2009) ('M.P.D.A. Act' for short). By the said order the Petitioner has been directed to be detained with a view to prevent him from acting in any manner prejudicial to the maintenance of public order. The detention order was passed on 4th October, 2014 under the M.P.D.A. Act and the order of detention along with a copy of grounds of detention was furnished to the Petitioner on 4th October, 2014 itself and the Petitioner has been taken into custody for detention. The said detention order, apart from the previous criminal history of the detenu, is based on two crime reports and two in-camera statement of the witnesses. As stated earlier at the time of his detention, the
















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