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2020 Supreme(Bom) 1150

S.S.SHINDE, M.S.KARNIK
Ajay Nandkishor Pasi – Appellant
Versus
Commissioner of Police, Thane – Respondent


Advocates Appeared:
For the Petitioner (Detenu):U.N. Tripathi a/w. Jayshree Tripathi, Advocates.
For the Respondents: J.P. Yagnik, APP.

JUDGMENT :

M.S. Karnik, J.

1. This Petition takes exception to the impugned order of detention dated September 9, 2019 passed by the first respondent Shri Vivek Phansalkar, the Commissioner of Police, Thane, detaining the petitioner - detenu in exercise of the powers conferred by sub-section (2) of 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 (Maharashtra Act No.LV of 1981) (hereinafter referred to as ‘MPDA Act’ for short).

The detention order along with the grounds of detention which are also dated September 9, 2019, was served to the petitioner – detenu on November 11, 2019. The true copies of the detention order and the grounds of detention are marked as Exhibit A and Exhibit C in this Writ Petition.

2. A perusal of the grounds of detention (Exhibit C) would show that the impugned order is founded on three crime numbers namely C.R.No. I-83/19 under Sections 325, 324, 323, 143, 144, 146, 147, 148, 149, 504, 427 of the Indian Penal Code (hereinafter referred to as ‘the IPC’ for short) registered on June

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