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2021 Supreme(Bom) 179

T.V.NALAWADE, M.G.SEWLIKAR
Machindra Dnyanoba Jadhav (Now in Jail) – Appellant
Versus
State of Maharashtra, through Secretary, Home Department – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Vivek V. Bhavthankar.
For the Respondent: S.J. Salgare.

JUDGMENT :

M.G. SEWLIKAR, J.

1. By this writ petition under Article 226 of the Constitution of India and under Section 482 of Code of Criminal Procedure, the petitioner is challenging his detention 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 (Maharashtra Act No. LV of 1981) (Amendment Act, 2015), hereinafter referred to as “the MPDA Act.”

2. Facts leading to this petition are that on the proposal of detention by police station Dindrud dated 31.8.2020, the District Magistrate Beed passed order of detention under Section 3 of ‘the MPDA Act’ and communicated the same to the petitioner under Section 8 of the MPDA Act.

3. In the said notice, the District Magistrate, Beed (Respondent No. 2) has stated that the petitioner is a weapon-wielding dangerous recidivist of violent nature indulging in criminal activities that foster terror in the society. Respondent No. 2 has further stated in the notice that the petitio

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