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2018 Supreme(Bom) 148

S.C.DHARMADHIKARI, BHARATI H.DANGRE
Hanuman Rajaram Mhatre – Appellant
Versus
Commissioner of Police, Thane – Respondent


Advocates Appeared:
For the Petitioner:U.N. Tripathi, Advocate.
For the Respondents: M.H. Mhatre, APP.

JUDGMENT :

Bharati, H. Dangre, J.

1. The petitioner/detenu, detained in furtherance of an order dated 6th September, 2017 passed by the Commissioner of Police, Thane has approached this Court praying for quashing and setting aside the order and for his release forthwith. The petitioner detenu has been detained by the impugned order of detention passed by respondent no.2 in exercise of the power conferred by sub-Section (2) of Section 3 of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders, Dangerous Persons and Video Pirates, Sand Smugglers and Persons Engaged in Blackmarketing of Essential Commodities Act, 1981 (for short “MPDA Act, 1981”) and directing him to be detained in Taloja Central Prison, Navi Mumbai. The petitioner was served with the grounds of detention on the very same day.

2. The petitioner assails the detention order on various grounds, as set out in the petition. On reading of the petition and upon hearing the learned Advocate for the petitioner Shri. U.N. Tripathi, we find sufficient substance and force in ground (h) raised in the petition and on hearing the learned APP, appearing on behalf of the respondents, we feel it unne














































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