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REVATI MOHITE DERE, GAURI GODSE
Sukhdeo Mahendrasing Rathod – Appellant
Versus
Commissioner of Police – Respondent
JUDGMENT/ORDER
GAURI GODSE, J. - By this Petition, the Petitioner prays for quashing and setting aside the order of detention bearing No. PCB/DET/35/2023, Pimpri Chinchwad, dtd. 25/2/2023, issued by Respondent No.1-the Commissioner of Police, Pimpri Chinchwad, under Sec. 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 (hereinafter referred to as 'MPDA Act').
2. Perusal of the detention order shows that the Detaining Authority has relied upon two criminal cases registered against the Petitioner; on 8/12/2022 vide C.R. No. 1872 of 2022 for alleged offence punishable under Sec. 65(k)(f) of the Maharashtra Prohibition Act 1949 and C.R. registered on 16/12/2022 vide C.R. No. 1913 of 2022 for the alleged offence punishable under Sec. 65(k)(c) of the Maharashtra Prohibition Act, 1949.
3. The detention order indicates that the Detaining Authority has relied upon the aforesaid two C.R.s registered against the Petitioner as well as the in-camera statement of the four witnesses for arriving at a subjective satisfaction that
Delays in the consideration of representations against detention orders, when not satisfactorily explained, can render such detention unconstitutional and illegal, violating the rights of the detaine....
The court established that delays in processing representations against detention orders, especially when unexplained, violate constitutional rights and can lead to the quashing of such orders.
Delay in considering the representation of a detenu, especially when the liberty of the detenu is at stake, renders the continued detention impermissible and invalid as being violative of Article 22(....
The central legal point established in the judgment is the requirement for prompt consideration and disposal of representations in cases involving the curtailment of an individual's liberty, as guara....
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....
The main legal point established in the judgment is the requirement for expeditious consideration of representations challenging detention orders and the impact of unreasonable delay on the legality ....
Delay in considering the detenu's representation by the State Government violated the detenu's constitutional right under Article 22(5) of the Constitution of India, rendering the detention order inv....
The right of a detenu to make a representation against detention and the obligation of the State Government to consider such representation are fundamental under Article 22(5) of the Constitution, an....
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