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MANGESH S. PATIL, ABHAY S. WAGHWASE
Mujib S/o Abdul Shaikh – Appellant
Versus
District Magistrate Aurangabad, District Aurangabad – Respondent
JUDGMENT :
MANGESH S. PATIL, J.
Heard.
2. Rule. Rule is made returnable forthwith. At the request of the both the sides, the matter is heard finally at the stage of admission.
3. By invoking powers of this Court under Article 226 of the Constitution of India, the petitioner is impugning the order of preventive detention passed by the respondent No. 1-District Magistrate, and approved by the respondent No. 2-State, dated 02.06.2022 under Section 3(2) 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 (herein after MPDA Act). The order along with grounds was served to the petitioner on 04.06.2022. The respondent No. 2-State granted initial approval to it on 09.06.2022. The petitioner submitted his representation on 14.06.2022. Advisory board heard him on 07.07.2022 and the respondent No. 2-State confirmed the order of detention for a period of 12 months by its order dated 21.07.2022.
4. Apparently, the respondent No. 1-District Magistrate has reached subjective satisfaction about activities of the petitioner being prejudic
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....
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 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....
Criminal activities - Detention order - Both predicate offences, in our view, do not shed light on the activities, which had propensity to cause or calculated to cause harm, danger or alarm or a feel....
Unexplained 133-day delay from last prejudicial act snaps live link, vitiating preventive detention order. Solitary individualistic offence affects law and order, not public order justifying detentio....
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