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2023 Supreme(Bom) 964

VINAY JOSHI, VALMIKI SA MENEZES
Aniket Dilip Kale – Appellant
Versus
State Of Maharashtra – Respondent


Advocates appeared:
U.P.Dable, Advocate, S.S.Doifode, Advocate

JUDGMENT

VALMIKI SA MENEZES, J. - Rule. Rule made returnable forthwith. Heard finally with the consent of learned counsel appearing for the parties.

2. By this writ petition under Article 226 of the Constitution of India, the petitioner challenges the order dtd. 31/03/2022 passed by the Commissioner of Police, Nagpur City under Sec. 3 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 to as "MPDA Act"), of preventive detention of the petitioner, since 31/03/2022. The petitioner further impugns order dtd. 05/05/2022 passed by the Home Department of the Government of Maharashtra, confirming the detention of the petitioner under order dtd. 31/03/2022.

3. It is the case of the petitioner that the order of detention dtd. 31/03/2022 is essentially based upon two offences alleged against him the first being Crime No.662/2021 alleged to have been committed by the petitioner at Hudkeshwar on 04/10/2021 for the offences punishable under Ss. 252, 294, 506, 323 r/w Sec. 34 of the Indian Penal Code (Hereinafte

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