B. R. GAVAI, K. V. VISWANATHAN
Arjun S/O Ratan Gaikwad – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT
B.R. GAVAI, J.
1. Leave granted.
2. The appeal is taken up for hearing.
3. This appeal challenges the judgment and order dated 20th August 2024 passed by the Division Bench of the High Court of Judicature at Bombay, Bench at Aurangabad in Criminal Writ Petition No. 698 of 2024, thereby dismissing the petition filed by the appellant herein.
4. Shorn of details, the facts leading to the present appeal are as under:
4.1 The District Magistrate, Parbhani passed an order under Section 3(2) of the 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’) and thereby detaining the appellant for a period of twelve months, so as to prevent him from indulging in the activities of bootlegging thereby preventing the maintenance of peace.
4.2 The detaining authority had basically relied on the six cases registered against the appellant by the State Excise Department. The grounds of detention were communicated to the appellant on 5th March 2024. The detention order was approved on 14th March 2024
Preventive detention requires clear evidence of public order disturbance; mere allegations without substantiation do not justify such measures.
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The apprehension that the activities of the detenue are likely to affect adversely the maintenance of public order is sufficient for invoking the provisions of the MPDA Act.
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