LAKHAN KISAN TUSAMBAD Vs. DISTRICT MAGISTRATE

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. With the consent of the learned counsel for both the sides, heard finally at admission stage.

(2.) The petitioner is challenging the order of detention passed by respondent No.1/District Magistrate, Beed by invoking writ jurisdiction under Article 226 of the Constitution of India.

(3.) According to the petitioner, the detaining authority has taken into consideration one non-cognizable offence vide No. 491/2020 for the offence punishable under section 504 and 506 of Indian Penal Code and two in-camera statements of witness A and B for arriving at subjective satisfaction and passed the order of detention dated 06.12.2020 under section 3(2) of The Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug-Offenders, Dangerous Persons and Video Pirates Act, 1981 (hereinafter referred to as 'the MPDA Act ' for the sake of convenience). The petitioner was interviewed by the Advisory Board at Mumbai on 08.01.2021. The Advisory Board also confirmed the decision of the detaining authority. The petitioner also sent his representation to the Additional Chief Secretary, Home Department (Special), Government of Maharashtra, Mantralaya, Mumbai for revocation of the order of detention but no fruitful outcome. According to the petitioner, the detention order has been passed by the detaining authority by taking into consideration irrelevant cases and cases not falling within Chapter XVI and XVII of I.P.C or any cases under Arms Act, according to the scheme of MPDA Act.