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2018 Supreme(Bom) 639

S.C.DHARMADHIKARI, PRAKASH D.NAIK
Rupesh Ram Thakur – Appellant
Versus
Commissioner of Police, Thane – Respondent


Advocates Appeared:
For the Petitioner:Udaynath Tripathi, Jayshree Tripathi, Advocates
For the Respondents: M.H. Mhatre, APP.

JUDGMENT :

S.C. Dharmadhikari, J.

1. By this petition under Article 226 of the Constitution of India, the petitioner challenges an order of detention dated 17th October, 2017. This order has been passed under section 3 of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug-Offenders, Dangerous Persons, Video Pirates, Sand Smugglers and Persons Engaged in Black-Marketing of Essential Commodities Act, 1981 (hereinafter referred to as the “MPDA Act”).

2. The petitioner has raised several grounds, but in the opening arguments, the petitioner's counsel Mr. Tripathi submitted that the continued detention of the petitioner is vitiated on the amended ground, which has been introduced with the leave of this court. That ground is contained in paragraph 4(I) at pages 10A and 10B of the paper book. It reads as under:-

“4(I) The Petitioner says and submits that a representation of the detenu was submitted to the State Government on 09.02.2018 by his lawyer on his behalf which was handed over to the Home department, Mantrlaya, Mumbai same day. The Petitioner says and submits that one of the Important grounds urged in the said representation is about various as many as

















































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