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2021 Supreme(Bom) 314

S.S.SHINDE, N.J.JAMADAR
Chotu Mohan Naidu – Appellant
Versus
Commissioner of Police Nashik City – Respondent


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

JUDGMENT :

S.S. SHINDE, J.

1. Rule. Rule made returnable forthwith and heard with the consent of learned counsel for the parties.

2. This petition is filed with following substantive prayer:-

    (b) The order of Detention bearing No. 2021/MPDA/DET-05/CB-79 dated 05.03.2021 issued under Section 3 of M.P.D.A. Act 1981 by the Respondent No. 1 be quashed and set aside and on quashing the same the Petitioner be ordered for release forthwith.

3. Learned counsel for the petitioner submits that order of detention is passed by the detaining authority mechanically in a very casual and cavalier manner, which shows total non application of mind on the part of detaining authority. It is submitted that on same set of allegations and facts three proceedings were initiated against the petitioner. Firstly, chapter proceedings under Section 107 of Cr.P.C. were initiated on 27.05.2020 and petitioner was asked to execute an interim bond. Accordingly, he executed bond for keeping peace and tranquility. Secondly, externment proceedings were initiated against the petitioner and the petitioner was externed on 02.08.2020 for a period of 6 months from Nashik City/district. The said chapter proceedings and externmen

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