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2020 Supreme(Bom) 760

T.V.NALAWADE, M.G.SEWLIKAR
Baliram – Appellant
Versus
State Of Maharashtra – Respondent


Advocates Appeared:
P.P. More, Advocate, S.J. Salgare, Advocate

JUDGMENT

M. G. Sewlikar, J. - Rule. Rule made returnable forthwith.

2. Heard finally with the consent of the parties.

3. This writ petition is preferred by the petitioner under Article 226 and 227 of the Constitution of India challenging the detention of the petitioner (hereinafter referred to as 'the detenu') 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 'MPDA Act').

4. Facts giving rise to this petition are as under :-

    The District Collector, Beed (Respondent No. 2 herein) by the order dated 10.03.2020 directed detention of the petitioner under the MPDA Act alleging that the detenu is a Sand Smuggler and a dangerous person. The order dated 10.03.2020 states that the detenu has committed offences viz.

      1) Under Section 379, 511 read with Section 34 of the Indian Penal Code vide C.R.No. 7/2018 registered with Talwada Police Station, Tq. Georai, Dist. Beed,

        2) Under Section 327, 307, 143, 148 of the Indian Penal Code and Sections 3, 2 of Scheduled Caste and Scheduled Tribes (Preventi

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