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2021 Supreme(Bom) 295

S.S.SHINDE, N.J.JAMADAR
Kashinath Motiram Chavan – Appellant
Versus
Commissioner of Police, Solapur – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Ms. Jayshree Tripathi.
For the Respondent: Mr. J.P. Yagnik.

JUDGMENT :

N.J. JAMADAR, J.

1. Rule. Rule made returnable forthwith and, with the consent of the learned counsels for the parties, heard finally.

2. This petition under Article 226 of the Constitution of India takes exception to the order of detention, dated 23rd March 2021 passed against the petitioner by the Commissioner of Police, Solapur-respondent No. 1 under the provision of section 3(2) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug-offenders, Dangerous persons and video pirates, Sand Smugglers and Persons Engaged in Black Marketing of Essential Commodities Act, 1981 (for short ‘MPDA Act’).

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

    (a) A proposal was initiated to detain the petitioner by invoking the provisions contained in section 3(2) of the MPDA Act alleging, inter-alia, that the petitioner was a habitual bootleger in the areas falling within the jurisdiction of Jailroad Police Station, Solapur. The petitioner habitually indulged in manufacture, transportation and sale of i

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