VILAS SHANKAR DHANDE Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India takes exception to the Detention Order passed by the Commissioner of Police, Pune City, dated 2 nd August, 2011 bearing D.O. No. 19-Crime/ PCB-1/4358 of 2011, in exercise of powers under Section 3(2) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders, Dangerous Persons and Video Pirates Act, 1981, read with Government Order, Home Department (Special) No. DDS-1211/CR-114/SPL-3B, dated 26 th July, 2011 for breach of discipline laid down in the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders, Dangerous Persons and Video Pirates (Conditions of Detention) Order, 1981.

(2.) In the petition, broadly, four points have been taken to challenge the impugned Detention Order: The first is regarding subjective satisfaction recorded by the Detaining Authority; the second is regarding variance of purpose in the Grounds and the Order of Detention; the third is about the reliance placed on unverified in-camera statements; and the fourth ground is about the delay in deciding the representation by the State Government. As we are completely satisfied with the last ground, we do not intend to burden the judgment with the other three contentions raised by the petitioner. We straightaway address the fourth contention taken by the petitioner for quashing of the Detention Order impugned in this petition.

(3.) In the petition, it is stated that the petitioner made representation to the State of Maharashtra on 2 nd September, 2011, and until filing of this petition, i.e., 8 th September, 2011, his representation remained undecided. The petitioner has asserted that the representation dated 2 nd September, 2011 addressed to the Additional Chief Secretary was delivered at the Inward Window of the Home Department on the 7 th floor in Mantralaya, which has been duly acknowledged by the clerk of the Home Department on 2 nd September, 2011 itself.