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MANGESH S. PATIL, SHAILESH P. BRAHME
Nilesh Sunil Pendulkar – Appellant
Versus
District Magistrate, Ahmednagar – Respondent
JUDGMENT :
Shailesh P. Brahme, J.
Rule. Rule is made returnable forthwith. Heard both the sides finally with their consent.
2. The petitioner is assailing order dated 06.10.2023 passed by the respondent no.1/District Magistrate, Ahmednagar under Section 3(1) of the Maharashtra Prevention of Dangerous Activities of Slumlords Bootleggers, Drug-Offenders, Dangerous Persons and Video Pirates Act, 1981 (hereinafter referred to as the MPDA Act for the sake of brevity and convenience).
3. Learned Advocate for the petitioner tenders across the bar additional affidavit/rejoinder to affirm that even till date he has not been communicated with the decision on his representation dated 20.10.2023. He places on record the order below Exhibit(1) in Criminal Miscellaneous Bail Application No.1183/2023, granting him bail in C.R. No.210/2023.
4. The respondent no.1 has considered an offence bearing C.R. No.210/2023 registered on 11.04.2023 with Bhingar Police Station and in-camera statements of witnesses. The petitioner has been declared to be a ‘dangerous person’. Considering his illegality activities, detrimental to the public order, impugned order was passed on 06.10.2023. He was committed on 07.10.20
The detention order can be quashed if there is a delay in taking preventive action, non-consideration of bail, non-communication of grounds of detention, and illegible documents supplied to the detai....
Detaining authorities must address representations in preventive detention cases without undue delay to comply with constitutional mandates, or the detention order becomes invalid.
The main legal point established is that the impugned detention order was based on specific cases and witness statements, and the delay in issuing the order was properly explained by the detaining Au....
The detention order must record subjective satisfaction on the basis of material placed before it and should not consider extraneous material. The delay in passing the detention order must be properl....
The failure to supply legible documents to a detenue violates Article 22(5) of the Constitution, hindering effective representation and rendering the detention order illegal.
The detaining authority's subjective satisfaction and consideration of the petitioner's criminal antecedents were crucial in upholding the impugned order.
Delay in execution of detention Order - The unreasonable delay in executing order created a serious doubt regarding genuineness of detaining authority as regards immediate necessity of detaining peti....
Documents and materials relied upon in the order of detention formed an integral part of the grounds and must be supplied to the detenue pari passu the grounds of detention.
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