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2021 Supreme(Bom) 269

S.S.SHINDE, ABHAY AHUJA
Ganesh alias Gajaraj Sainath Patil, Pramila Sainath Patil – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Satyavrat Joshi i/by Mr. Sumant Deshpande
For the Respondent: Mrs.M.H. Mhatre, Adv

JUDGMENT :

ABHAY AHUJA, J.

1. Rule. Rule made returnable forthwith. With the consent of learned counsel appearing for Petitioner and the Respondents-State and its officials, heard finally.

2. By this Petition, filed under Article 226 of the Constitution of India, Petitioner is challenging the order of detention dated 19th January, 2021 (hereinafter called “Detention Order”) issued under 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 (the “MPDA Act”) by Respondent No.2-Collector & District Magistrate, Sangli (the “Detaining Authority”).

3. Pursuant to the Detention Order, by a committal order dated 19th January, 2021 passed by Respondent No.2, Petitioner has been detained in the Sangli District Prison.

4. Petitioner contends that Respondent No.2 has mainly relied upon the following three grounds based on which the impugned Detention Order has been passed :-

    i) an offence registered against Petitioner at the Islampur Police Station on 23rd August, 2020 vide C.R. No.636/2020,

ii) two in-camera statements dated 26

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