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2018 Supreme(Bom) 1580

S.C.DHARMADHIKARI, PRAKASH D.NAIK
Rashid Shaukat Husain Sayyed @ Jagga – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Petitioner:Mr. U.N. Tripathi with Mr. S.K. Ali & Mr. A.A. Siddiquie i/by A.A. Siddiquie & Associates
For the Respondents: Ms M.H. Mhatre

JUDGMENT :

S.C. DHARMADHIKARI, J.

1. By this petition under Article 226 of the Constitution of India, the petitioner is challenging an order of detention issued by respondent No.3 under 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 (“the MPDA Act” for short). The order of detention is dated 12-9-2017.

2. In the order of detention the Detaining Authority records the subjective satisfaction by observing that the activities of the detenu and highlighted in paras 2, 3 and 4 of the detention order would indicate that he was involved in criminal cases. The criminal cases are set out in a Table. After that, it is stated that in order to curtail the criminal activities, some preventive actions were taken, including an order of detention dated 22-9-2014.

3. It is stated that since the detenu was released on bail in C.R. No. 202 of 2014, that detention order could not be executed and with great difficulty the detenu was traced out, the order of detention was executed and he was taken in custody.

4. In paragraph 5, the order of d






























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