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2016 Supreme(Bom) 1471

S.C.DHARMADHIKARI, G.S.PATEL
Santosh Kashinath Kamble – Appellant
Versus
State of Maharashtra – Respondent


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

JUDGMENT :

S.C. Dharmadhikari, J.

By this petition under Article 226 of the Constitution of India, the petitioner challenges the order of detention dated 7th August, 2015, issued by the Commissioner of Police, Pune City, under Section 3(2) of the Maharashtra Prevention of Dangerous Activities of Slum Lords, Bootleggers, Drug-Offenders, Dangerous Persons and Video Pirates Act, 1981 (for short "MPDA Act").

2. The petition proceeds to state that the petitioner is the brother of the detinue. Detinue is one Dipak alias D. Baba Kashinath Kamble. The petitioner states that the detention order is vitiated on two counts. The first pertains to the legality and validity of the detention order. It is submitted that the detention order is founded on two C.Rs and two in camera statements. In regard to this, it is submitted by Mr. V.N. Tripathi, learned advocate appearing for the petitioner that these two in camera statements have not been verified. If there is no verification of the in camera statements, then, the same cannot form part of the subjective satisfaction simply because the detaining authority has no material to confirm the incidents that are narrated by such witnesses. The truthfulness





































































































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