ATAHAR KHAN AMIR KHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

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

(2.) The petitioner/detenu is hereby challenging impugned order dtd. 29/8/2022, passed by respondent No.2 under Sec. 3 of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug-offenders, Dangerous persons, Video Pirates, Sand Smugglers and Persons Engaged in Black-marketing of Essential Commodities Act, 1981 (for short 'MPD Act'), thereby detaining a detenu as a dangerous person.

(3.) In nutshell, the contentions raised in the petition is that, the detenu was detained without application of mind, without subjective satisfaction of the Detaining Authority and there being no disturbance of public peace or disturbance of public order. In-camera statements are false statements which are not properly considered by the Detaining Authority and thereby violated rights of the detenu as a free person.