STATE OF MAHARASHTRA Vs. BALU

JUDGEMENT

(1.) Delay condoned. Leave granted.

(2.) Feeling aggrieved and dissatisfied with the impugned Judgment and Order dated 26.03.2019 passed by the High Court of Judicature at Bombay, Bench at Aurangabad, in Criminal Writ Petition No. 155 of 2019, by which the High Court has quashed and set aside the order dated 15.10.2018 passed by the Commissioner of Police, Aurangabad under Sections 3(1) and (2) 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 the Act) and also the order of confirmation of the order of detention made by the State Government, the detaining authority has preferred the present appeal.

(3.) That in exercise of powers under Sections 3(1) and (2) of the Act, the Commissioner of Police, Aurangabad passed an order to detain the respondent herein treating and considering the respondent as a 'dangerous person'. The respondent herein was served with the grounds of detention. The order of detention was approved by the State Government. The matter was referred to the Advisory Board. The Advisory Board gave the opinion that there was sufficient cause for preventive detention of the respondentdetenu. That, thereafter the detention order was approved by the State Government. The detention order passed by the detaining authority, approved by the State Government, came to be challenged by the respondent herein before the High Court. That, by the impugned Judgment and Order, the High Court has set aside the detention order on merits as well as on the ground that the order of detention prescribing the detention for 12 months is in breach of Section 3 of the Act. Feeling aggrieved with the impugned Judgment and Order passed by the High Court, the detaining authority has preferred this appeal.