LAWS(BOM)-2013-9-274

MAHENDRA RAMESH DESAIKAR Vs. K P RAGHUVANSHI

Decided On September 12, 2013
Mahendra Ramesh Desaikar Appellant
V/S
K P Raghuvanshi Respondents

JUDGEMENT

(1.) Heard the learned counsel for the petitioner. The challenge in this petition under Article 226 of the Constitution of India is to the order of preventive detention dated 5th April 2013 passed by the first respondent in exercise of powers under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders and Dangerous Persons Act, 1981 (hereinafter referred to as the said Act). The learned counsel for the petitioner has pressed into service ground (D) of the petition. The relevant part of the ground (D) reads thus:

(2.) There is a reply filed by the first respondent dealing with this ground. Relevant part of the paragraph 7 of the reply read thus:

(3.) As there is no specific statement made that the Detaining Authority himself formulated the grounds of detention, We have perused the original file produced by the learned APP for perusal of the Court. We find that the Additional Commissioner of Police made a noting on 26th March 2013 recording that action of preventive detention deserves to be taken against the detenu.