SUKHDEO MAHENDRASING RATHOD Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) By this Petition, the Petitioner prays for quashing and setting aside the order of detention bearing No. PCB/DET/35/2023, Pimpri Chinchwad, dtd. 25/2/2023, issued by Respondent No.1-the Commissioner of Police, Pimpri Chinchwad, 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 (hereinafter referred to as 'MPDA Act').

(2.) Perusal of the detention order shows that the Detaining Authority has relied upon two criminal cases registered against the Petitioner; on 8/12/2022 vide C.R. No. 1872 of 2022 for alleged offence punishable under Sec. 65(k)(f) of the Maharashtra Prohibition Act 1949 and C.R. registered on 16/12/2022 vide C.R. No. 1913 of 2022 for the alleged offence punishable under Sec. 65(k)(c) of the Maharashtra Prohibition Act, 1949.

(3.) The detention order indicates that the Detaining Authority has relied upon the aforesaid two C.R.s registered against the Petitioner as well as the in-camera statement of the four witnesses for arriving at a subjective satisfaction that the Petitioner is required to be detained for maintaining public order.