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2022 Supreme(Bom) 2010

S. S. SHINDE, MILIND N. JADHAV
Sachin Parshuram Mane – Appellant
Versus
Commissioner Of Police, Pune City – Respondent


Advocates Appeared:
Jayshree Tripathi, Advocate, S.D.Shinde, Advocate

JUDGMENT

MILIND N.JADHAV, J.

1. This Petition takes exception to the order of Detention bearing No. D. O. No. PCB/DET/1480/2021 dtd. 30/6/2021 issued under Sec. 3 of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug-offenders, Dangerous persons and Video Pirates Act, 1981 (for short "M.P. D.A. Act ") by the Respondent No.1.

2. Learned counsel Ms. Tripathi has restricted her submissions to the contentions raised in grounds (b), (c), (d) of the Petition. It is argued that there is a gross delay of about 5 months in passing the impugned order of detention from the last date of the last incident on 27/1/2021. The delay in passing the impugned order on 30/6/2021 is unexplained. There is no promptitude on the part of the authorities. 2.1. Learned counsel has in support of her proposition referred to an relied upon the following 4 judgments for the unexplained and undue delay of 5 months in passing the impugned order of detention :

    1. Pradeep Nilkant Paturakar Vs. S. Ramamurthi and Ors. 1993 Supp (2) SCC 61

      2. Sanjeev @ Sanjay @ T.N.Upade Vs. Commissioner of Police, Solapur Cri. W.P.No 3035 of 2021

        3. Niyazuddin @ Sonu Ansari Vs. State of Maharashtra 2013 A

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