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2022 Supreme(Bom) 1952

SUNIL B. SHUKRE, M. W. CHANDWANI
Alakshit – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
Vijay Sawal, Advocate, D.V.Chauhan, Advocate, S.S.Doifode, Advocate

JUDGMENT

SUNIL B.SHUKRE, J. - Heard.

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

3. By this petition, the petitioner has questioned the legality and correctness or otherwise of the detention order passed by respondent no. 2 on 2/7/2022 under Sec. 3 of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug- offenders, Dangerous Persons and Video Pirates, Sand Smugglers and Persons engaged in Black Marketing of Essential Commodities Act, 1981 (for short, "the MPDA Act"). The petitioner has further challenged the order dtd. 26/8/2022 passed by respondent no. 1 under Sec. 12 of the MPDA Act and thereby confirming his detention order dtd. 2/7/2022. The petitioner has also challenged the order of delegation of power dtd. 24/6/2022 passed by the Home Department thereby delegating power of passing detention order upon the District Magistrates and Police Commissioners mentioned therein.

4. We would first consider the arguments of learned counsel for the petitioner and learned APP for respondents/State in respect of the challenge made to the delegation order dtd. 24/6/2022.

5. Learned counsel for the petitioner submits that the

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