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2021 Supreme(Bom) 262

S.S.SHINDE, N.J.JAMADAR
Vijay Rajendra Patil – Appellant
Versus
Commissioner of Police, Nashik – Respondent


Advocates Appeared:
For the Appellant : Mr. Akshay Bankapur, adv
For the Respondent: Mr. J.P. Yagnik, Adv

JUDGMENT :

N.J.Jamadar, J.

1. The petitioner, who has been detained under the provisions of section 3(2) 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 (“MPDA Act”), by order dated 29th July, 2020, passed by the Commissioner of Police, Nashik (Respondent No. 1), has preferred this petition to quash and set aside the detention order, by invoking the writ jurisdiction of this Court under Article 226 of the Constitution of India.

2. Shorn of unnecessary details, the background facts leading to this petition can be stated as under:

    a] The petitioner came to be arraigned in C.R.No. 173 of 2020 registered with Adgaon police station, Nashik City for the offences punishable under sections 307, 323 read with 34 of the Indian Penal Code and section 135 of the Maharashtra Police Act for having allegedly attempted to commit murder of Gangadhar Panditrao Aaher, the first informant, and Suresh Ramesh Salunkhe, an injured witness, along with co-accused. The petitioner came to be arrested in the said crime on 4th July, 2020.

b] It t

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