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2023 Supreme(Bom) 1543

VINAY JOSHI, M. W. CHANDWANI
Badal S/o. Manoj Sahare – Appellant
Versus
State of Maharashtra, Through Section Officer, Home Department (Special) – Respondent


Advocates Appeared:
For the Petitioner: Mr. A.M. Jaltare.
For the Respondents: Mr. S.S. Doifode, A.P.P.

JUDGMENT :

M.W. Chandwani, J.

Rule. Rule made returnable forthwith. Heard finally by the consent of the learned Counsel for the parties.

2. The petition challenges the order of detention dated 26/04/2023 passed by the District Magistrate, Wardha – respondent No.2 under sub-sections (1) and (2) of Section 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 (hereafter referred to as “MPDA Act” for short). The petitioner further lays challenge to the order dated 20/06/2023 passed by respondent No.1 under Section under Section 3 of the MPDA Act confirming the order dated 26/04/2023 of respondent No.2.

3. The background facts leading to this petition can be summarized as under :

A proposal was initiated for detention by invoking the provisions contained in Section 3(2) of the MPDA Act alleging, inter alia, that the petitioner was a habitual bootlegger. The petitioner habitually indulged in manufacturing, stocking, transporting and selling of illicit liquor in contravention of the provisions of the Maharashtra Prohibition Act

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