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2023 Supreme(Bom) 2253

REVATI MOHITE DERE, GAURI GODSE
Harvinder – Appellant
Versus
Commissioner of Police – Respondent


Advocates appeared:
Jayshree Tripathi, Advocate, M.H.Mhatre, Advocate

JUDGMENT/ORDER

GAURI GODSE, J. - This petition is filed challenging the order of Detention bearing No. TC/PD/DO/MPDA/20/2022, dtd. 8/12/2022, issued by Commissioner of Police, Thane - Respondent No. 1, in the exercise of the powers conferred by Sub-Sec. (2) of Sec. 3 of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug-offenders and Dangerous Persons, Video Pirates, Sand Smugglers and Persons Engaged in Black Marketing of Essential Commodities Act, 1981 ("the MPDA Act").

2. The Detaining Authority in the said order has referred to the details of the criminal cases in which the petitioner is involved during the period from the year 2018 to 2021. A perusal of the detention order shows that C.R. No. 406 of 2022 registered for the offences punishable under Secs. 324, 323, 327, 143, 147 and 149 of the Indian Penal Code and two in-camera statements are relied upon by the Detaining Authority. The detention order further refers to the particulars of the in-camera statement recorded of the two witnesses.

3. The petitioner had filed representation dtd. 14/3/2023 before the jail authorities, which was forwarded to the State Government through the Superintendent,

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