SUNITA CHANDRASHEKHAR KAPRE Vs. AMITABH GUPTA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and heard with the consent of learned counsel appearing for the parties.

(2.) The Petitioner is mother of the detenue who is detained under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders and Dangerous Persons Act, 1981 (hereinafter referred to as the "said Act").

(3.) It is the case of the petitioner that a detention order, bearing No. PCB/DET/555/2021 dated 0303.2021 was issued by Respondent No. 1, wherein it has been stated that with a view to prevent the detenue from acting in any manner prejudicial to the maintenance of public order, it is necessary to detain him under the said Act and, therefore, in exercise of the power conferred by sub Section (2) of Section 3 of the said Act, read with Government order, Home Department (Special) No. 1220/CR-200/Spl-3B, dated 06.01.2021. Respondent No. 1 directed that the detenue be detained under the said Act. The detenue was served with the said detention order and along with the said detention order, another order of same date was sent, directing the detenue to be detained in Yerwada Central Prison, Pune under the conditions laid down in the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders (Conditions of Detention) Order, 1981. The detenue was also served with the communication purportedly issued by Respondent No. 1, containing the grounds of detention on the basis of which the detention order was issued, and the documents accompanied with its translation, alleging that the said grounds of detention have been formulated on the basis of said material. Being aggrieved by the said orders as mentioned herein before the petitioner has filed this petition by invoking writ jurisdiction under article 226 of the Constitution of India.