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2020 Supreme(Bom) 1391

T.V.NALAWADE, M.G.SEWLIKAR
NARAYAN RADHAKISHAN BHUSARI – Appellant
Versus
DISTRICT MAGISTRATE, BEED – Respondent


Advocates Appeared:
For the Petitioner: V. N. Tripathi holding for A. Phad
For the Respondents: S. J. Salgare, APP

JUDGMENT :

M. G. SEWLIKAR, J.

Rule. Rule returnable forthwith.

2. By consent, heard both the sides at admission stage for final disposal.

3. By this writ petition under Article 226 of the Constitution of India, the petitioner has challenged his detention under Section 3 of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders, Dangerous Person, Video Pirates, Sand Smuggler and Black Marketing of Essential Commodities Act, 1981 (hereinafter referred to as the “MPDA Act”).

4. Facts leading to this petition are that on 18-8-2020, the sponsoring authority forwarded the proposal for detention of the petitioner on the grounds that several offences of theft of sand have been registered against the petitioner and the petitioner is in the habit of committing offences. To contain his activities, proceedings under Section 107 of the Code of Criminal Procedure have also been initiated against him. But the same had no deterrent effect on the petitioner. The petitioner has no fear of law. It is further alleged that he has been continuously engaging himself in the commission of violent activities which have created terror in the mind of the persons residing in th

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