LAWS(SC)-2008-5-58

BHUPENDRA Vs. STATE OF MAHARASHTRA

Decided On May 14, 2008
BHUPENDRA Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in this appeal is to the judgment of the Division Bench of the Bombay High Court dismissing the Habes Corpus Petition filed under Article 226 of the Constitution of India, 1950 (in short the 'Constitution') by one Bhupendra (hereinafter referred to as the 'detenu')

(3.) Prayer in the writ petition was to qush and set aside the decision and order passed by the District Magistrate, Ahmednagar dated 23-4-2007 and the decision and order passed by the Under Secretary to the Government of Maharashtra, Home Department (Special) by order dated 12-6-2007. The order of detention was passed by the respondent No.2 in purported exercise of powers conferred under Section 3(2) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders and Dangerous Persons Act, 1981 (in short the 'Act'). The detaining authority detained detenu under the Act. Grounds of detention were served on 23-4-2007. Several acts of the detenu were highlighted which according to the detaining authority warranted detention.