SALMAN @ BABA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Hearing was conducted through video conferencing and the learned counsel agreed that the audio and video quality was proper.

(2.) Rule. Rule is made returnable forthwith. Learned Additional Public Prosecutor waives notice on behalf of the respondents. Heard finally by consent of the learned counsel appearing for the parties.

(3.) The petitioner/detenue Salman @ Baba S/o. Harun Khan has preferred this petition challenging preventive detention order passed against him bearing no. DET/MPDA/Zone-V/PCB/04/2019 on 18.01.2019 by respondent no. 2-Commissioner of Police, Nagpur. The said detention order has been passed under sub-Section (2) of the Section 3 of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders, Dangerous Persons, Vedio Pirates, Sand Smugglers and Persons engaged in Black-marketing of Essential Commodities Act, 1981 (Amendment of 2015) (Mah. LV of 1981) (hereinafter referred to as "the MPDA Act"). The said detention order has been issued by respondent no. 2, as according to him the petitioner is a dangerous person as defined under Section 2(b-1) of the MPDA Act, whose activities are pre-judicial to the maintenance of public order. The detention order is based on Crime No. 583/2018 registered with Kalamna Police Station under Sections 307 , 326 , 143 , 147 and 149 of Indian Penal Code read with Sections 4 and 25 of Indian Arms Act. In so far as Crime No. 583/2018 is concerned, the petitioner was granted bail by this Court by order dated 22.11.2018. The said offences were registered on 30.08.2018. The detention order is also based on two in-camera statements of witnesses "A" and "B" recorded on 09.12.2018 and 10.12.2018 respectively.