MILIND HEMRAJ DHAPODKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. Rule. Rule made returnable forthwith. Heard finally by consent of the learned counsel appearing for the parties.

(2.) It is contended by the learned counsel for the Petitioner that the detention order was passed on 20/7/2021 and the last of the crimes registered against the Petitioner was on 9/3/2021 and thus, there is no live-link between the detention order and the last of the criminal activity of the Petitioner. It is also submitted that the bootlegging activity per se is not prejudicial to the maintenance of public order. It is further submitted that the Petitioner has not been arrested in the two crimes, which have been considered by the detaining authority and he was merely issued a notice under Sec. 41A (1) of the Code of Criminal Procedure, 1973 (for short the "Cr.P.C."), which only shows that in the opinion of the Investigating Officer, the Petitioner was not a person, who was required to be put under restrain by arresting him and if that is so, order of preventive detention is not justified.

(3.) Reliance is placed by learned counsel for the Petitioner upon the judgments of this Court in Criminal Writ Petition No.736 of 2021, decided on 30/6/2022 (Jaywanta s/o Gangaram Pawar Vs. The State of Maharashtra and others), Criminal Writ Petition No. 75 of 2022, decided on 28/6/2022 (Hanif Karim Laluwale Vs. State of Maharashtra and others), Criminal Writ Petition No. 804 of 2021, decided on 27/6/2022 (Nilesh Charandas Gaikwad Vs. State of Maharashtra and another) and Criminal Writ Petition No. 833 of 2021, decided on 1/7/2022 (Ram Anil Bhaskar Vs. Additional Chief Secretary, Govt. of Maharashtra and others).