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2021 Supreme(Bom) 359

S.S.SHINDE, N.J.JAMADAR
Sanjeev @ Sanjay @ Tatyasaheb Nagnath Upade – Appellant
Versus
Commissioner of Police, Solapur – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Ms. Jayshree Tripathi, Mr. U.N. Tripathi, Ms. Swarali Kelkar, Mr. Ritesh Thobde.
For the Respondent: Mr. J.P. Yagnik.

JUDGMENT :

S.S. SHINDE, J.

1. This petition takes an exception to the order of Detention bearing No. D.O. No. 07/CB/DP/2021 dated 17.05.2021 issued under Section 3 of the Maharashtra Prevention of Dangerous Activities Act, 1981 (M.P.D.A. Act) by the Respondent No. 1.

2. During the course of hearing, the learned counsel for the petitioner restricted her arguments to the contentions raised in grounds (b) and (d).

3. It is submitted that there was delay in passing the order of detention. Learned counsel for the petitioner invites attention of this Court to the ground no. (b), so also the affidavit fled by respondent and submits that there is a considerable delay in passing the order of detention and on that ground alone the petition deserves to be allowed.

In support of aforesaid contention, the learned counsel pressed into service the judgments of Hon’ble Supreme Court in the cases of Pradeep Nikant Paturakar vs. S. Ramamurthi and Others, 1993 Supp. (2) SCC 61, Shakeel Sait vs. C.D. Singh and Others, Cr. W.P. No. 429/1996, Niyazuddin and Sonu Ansari vs. State of Maharashtra, 2013 All MR (Cri) 3870, Mohsin Ahmed vs. State of Maharashtra, 2014 All MR (Cri) 2409, Parvez Faizulla Khan vs. A.K

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