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2025 Supreme(Bom) 299

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
SMT. VIBHA KANKANWADI, SANJAY A. DESHMUKH, JJ.
Dipak @ Lolya Tarasingh Mohil @ Thakur – Appellant
Versus
The State Of Maharashtra – Respondent


Advocates Appeared:
Advocate for the Petitioner: Mr. Ravindra J. Nirmal
APP for Respondents: Smt. P.R. Bharaswadkar

JUDGMENT :

SANJAY A. DESHMUKH, J.

1. Rule. Rule made returnable forthwith. The petition is heard finally with the consent of the learned Advocates for the parties.

2. By invoking the powers of this Court under Article 226 of the Constitution of India, the petitioner challenges the order of detention, dated 19/03/2024, passed by section officer to Government of Maharashtra, Home department in MPDA-0224/CR-84/SPL-3B and order dated 01/02/2024 in no.2014/RB-1/DESK-2/T-4/MPDA/CR-08 passed by District Magistrate.

3. Learned Advocate for the petitioner has taken us through the impugned orders and the material which was supplied to the petitioner by the detaining authority after passing of the order. Learned advocate submits that the offences referred in the grounds of detention are pending the investigation and the action under 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 the “MPDA Act”) is not justifiable. Learned advocate further submits that respondent nos.1 and 2 have erroneously interpreted

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