SURAJ Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard the learned counsel for the parties with consent.

(2.) The petitioner through his father is questioning the legality or otherwise of the impugned order dtd. 20/10/2022 passed by respondent No.2 / District Magistrate, Amravati under Sec. 3(1) 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 (MPDA Act), along with order passed by respondent No.1 dtd. 24/11/2022 confirming the detention, for a period of 12 months from the date of order of detention.

(3.) Shri Anil Mardikar, learned Senior Counsel appearing for the petitioner vehemently submitted that both the impugned orders are bad in law, without application of mind and without recording subjective satisfaction about the activities allegedly carried out by the detenue. He would submit that the detention order is basically violating the principles on four grounds. Firstly, he submitted that there is no interaction with the Witnesses 'A' and 'B' either by the Sub-Divisional Police Officer (SDPO) or by the Detaining Authority to record their subjective satisfaction or correctness of the statements given by the witnesses. Secondly, he claimed that the Detaining Authority failed to consider the bail orders passed in different matters. The copies of such bail orders were not furnished or produced before the Detaining Authority and that such fact has not been considered before passing the detention order. Thirdly, he claimed that the alleged activities of the detenue are mostly against individuals and would at the most amount to law and order problem, but not against the public order. Lastly, he claimed that there is unexplained delay in service of confirmation order on the detenue, which resulted in filing effective representation or the petition. Shri Anil Mardikar, learned Senior Counsel relied upon the following decisions :-