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2023 Supreme(Bom) 236

VINAY JOSHI, BHARAT P. DESHPANDE
Himanshu S/o. Dinesh Roy – Appellant
Versus
Commissioner of Police, Nagpur City, Civil Lines, Nagpur – Respondent


Advocates Appeared:
For the Petitioner: Mr. R.D. Kalra.
For the Respondent: Mr. V.A. Thakare, APP.

JUDGMENT :

Bharat P. Deshpande, J.

1. Rule. Rule made returnable forthwith. Heard finally by consent of the parties.

2. By this petition, the petitioner is questioning the legality and correctness or otherwise of the detention order passed by respondent no.1 on 30.7.2022 and confirmed by respondent no.2 on 14.9.2022, thereby detaining the petitioner for a period of one year from the date of taking him in custody, under Section 3 of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug-Offenders, Dangerous persons, Video Pirates, Sand Smugglers and Persons Engaged in Blackmarketing of Essential Commodities Act, 1981 (for short, “Act”).

3. Heard Mr. Kalra, learned counsel for the petitioner and Mr. Thakare, learned APP for the respondents - State at length.

4. Reply-affidavit is filed on behalf of respondent no.1 strongly opposing contentions raised in the petition.

5. Basically three submissions were advanced by Mr. Kalra, learned counsel on behalf of the petitioner, while challenging both orders. It is his first contention that the order of detention and

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