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2021 Supreme(Bom) 1825

M. S. SONAK, PUSHPA V. GANEDIWALA
Sayed Noor Sayed Nasir – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
J.B.Kasat, Advocate, S.S.Doifode, Advocate

JUDGMENT/ORDER

M.S. SONAK, J. - Heard Mr. J.B. Kasat, learned counsel for the petitioner, and Mr. S.S. Doifode learned Additional Public Prosecutor for the respondents-State.

2. The challenge in this petition is to the detention order dated 2/3/2021 made under the provisions 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 (the said Act), inter alia on the ground that the detenue (Sayed Noor Sayed Nasir) is a "dangerous person ".

3. Mr. Kasat, learned counsel for the petitioner, has pressed the following four grounds in support of the petition:

    "(a) that, the detenue was already in custody when the impugned detention order was made; there was no application seeking bail made or pending before the appropriate court. The impugned detention order does not record any satisfaction on the issue that the release of the detenue was imminent. In the absence of the record of such satisfaction, the issue of the impugned detention order was illegal and ultra vires;

(b) That, the detenue understands only Hindi language. The impug

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