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2023 Supreme(Bom) 996

A. S. GADKARI, PRAKASH D. NAIK
Menna Tai Hanif Patel – Appellant
Versus
Amitabh Gupta – Respondent


Advocates appeared:
Misbaah Solkar, Advocate, Neha Thakkar, Advocate, M. H. Mhatre, Advocate

JUDGMENT

Prakash D. Naik, J. -  The Petitioner is the mother of detenu Sahil Hanif Patel, who has been detained under the Provisions of 'Maharashtra Prevention of Dangerous Activities of Slumlord, Bootleggers, Drug Offenders, Dangerous Persons, Video Pirates, Sand Smugglers and persons engaged in Black-Marketing of Essential Commodities Act, 1981' (hereinafter referred to M.P.D.A. Act) vide Order dated 22nd April 2022. The Petitioner has challenged the said Order of detention by preferring this petition under Article 226 of the Constitution of India. The detenu was served with detention Order, committal Order, grounds of detention and the documents relied upon by detaining Authority while issuing the Order of detention.

2. Learned Advocate for the Petitioner submitted that, C.R. No. 247 of 2021 and C.R. No. 293 of 2021 were individualistic in nature having no connection with public at large and the said incidents does not affect the public Order. Witness A and witness B has referred to stale incidents occurred in the first week of December 2021 and second week of December 2021. The incidents referred by witnesses are not proximate. The statements are not genuine. The impugned Order o

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