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2019 Supreme(Bom) 1869

I.MAHANTY, A.M.BADAR
Dharani Raja Padyachi – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellants : A.M.Z. Ansari, Nasreen S.K. Ayubi.
For the Respondent: J.P. Yagnik.

JUDGMENT :

A.M. Badar, J.

1. By this petition, the petitioner/detenu is challenging the order of his detention dated 6th November, 2018 passed by the first respondent 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, (hereinafter referred to as "the said Act" for the sake of brevity). By the said impugned order passed under Section 3(2) of the said Act, by recording satisfaction that the petitioner is a dangerous person and it is necessary to detain him in order to prevent him from acting in a manner prejudicial to maintenance of public order, the respondent no. 1 had ordered detention of petitioner/detenu Dharani Raja Padyachi.

2. Though Mrs. Ansari, the learned counsel appearing for the petitioner raised several legal contentions in order to challenge the order of detention passed by the respondent no. 1 and its subsequent approval by the State, in our view, in the facts of the present case, this criminal writ petition deserves to be allowed only on the ground which we indicate hereinafter.

3. Ground No. (viii) r

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