SACHIN @ TARZAN SUBHASH CHAVAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and, with the consent of the learned counsels for the parties, heard finally.

(2.) By this petition under Article 226 of the Constitution of India, the petitioner, who is preventively detained by an order dated 14th June 2021, passed by District Magistrate, Sangli, under section 3 of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers,Drug-offenders, Dangerous persons and video pirates, Sand Smugglers and Persons Engaged in Black Marketing of Essential Commodities Act, 1981 (for short, 'MPDA Act ') has assailed the legality and validity of the detention order.

(3.) The petitioner, who is a resident of Walva, has allegedly proven himself a dangerous person and taken to a life of criminality. The petitioner created a reign of terror in the area falling within the local limits of Ashta Police Station, and thereby became a perpetual danger to the maintenance of public order in the said area. Noting the criminal antecedents of the petitioner including the latest crime registered against the petitioner vide C.R. No.90/2021 with Ashta Police Station for the offences punishable under sections 307, 143, 147, 148, 149, 323, 504 and 506 of the Penal Code, sections 4 and 25 of Arms Act, 1959 and section 135 of the Maharashtra Police Act, 1951, and the statements of witnesses recorded in-camera, the respondent No.2- Detaining Authority recorded a subjective satisfaction that the petitioner was a dangerous person within the meaning of section 2(b-1) of the MPDA Act and it was necessary to detain the petitioner by invoking the provisions contained in section 3(2) of the MPDA Act in order to prevent him from acting in a manner prejudicial to the maintenance of public order.