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MANGESH S. PATIL, ABHAY S. WAGHWASE
Sandeep Govind Pawar – Appellant
Versus
State of Maharashtra, Through its Additional Chief Secretary, Home Department (Special), Mantralaya – Respondent
JUDGMENT :
Mangesh S. Patil, J.
Heard.
2. Rule. Rule is made returnable forthwith. Learned Addl. P.P. waives service for all the respondents. At the joint request of the parties, the matter is heard finally at the stage of admission.
3. Invoking the powers of this Court under Articles 226 and 227 of the Constitution of India, the petitioner is impugning the detention order no. 2022 DC-1/KAVI-485/2022/2531 dated 22-11-2022 passed by the respondent no. 2 - District Magistrate under section 3(1) 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 (hereinafter referred as MPDA Act) and confirmed by the State government under section 3(2) on 06-01-2023.
4. The grounds of detention were supplied to the petitioner as contemplated under section 8 of the MPDA Act on the same day of the order of detention i.e. 22-11–2022. It was mentioned in these grounds that he was a known and habitual bootlegger in the area of Akhada Balapur Police station and was engaged in transportation and selling of Gavthi (Taddi) in contravention of the pr
The subjective satisfaction of the detaining authority as regards the acts of the detenu being prejudicial to the interest of the society and public order, is sufficient to justify the preventive det....
Preventive detention – Even a delay of single day in placing order of detention before Advisory Board should be treated as fatal as it runs contrary to constitutional principles and legislative manda....
The court upheld the subjective satisfaction of the detaining authority and emphasized the importance of reasonable explanation for delay in deciding the representation, as well as the detaining auth....
Compliance with formalities prescribed by the MPDA Act, opportunity of making representation, and valid subjective satisfaction of the Detaining Authority are crucial for upholding a detention order ....
The main legal point established is that the impugned detention order was based on specific cases and witness statements, and the delay in issuing the order was properly explained by the detaining Au....
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