AMIN MEHBOOB SHAIKH Vs. DISTRICT MAGISTRATE PUNE

JUDGEMENT

(1.) RULE. RULE made returnable forthwith, by consent. Learned APP waives notice.

(2.) THIS Petition takes exception to the detention order bearing No. PHM/MPDA/SR/01/2010 dated 27th July, 2011 issued under section 3(1) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders and Dangerous Persons Act, 1981 (hereinafter referred to as the said Act for the sake of brevity) by the District Magistrate, Pune against the Petitioner.

(3.) FROM the above affidavit, it is amply clear that the documents referred to in paragraph 6 (c) of the Petition, which according to the petitioner are vital documents were not placed before the Detaining Authority at all. It is admitted by the learned APP during the hearing before us, position that the proposal sent by the Sponsoring Authority consisted only FIR, crime register, remand application and the order of remand application and no other document. Even the vital documents, such as bail application, bail order passed in favour of the petitioner were not placed before the Detaining Authority. If so, it would vitiate the entire decision making process and more particularly the subjective satisfaction reached by the Detaining Authority.