SANGHARSH Vs. COMMISSIONER OF POLICE PUNE CITY

JUDGEMENT

(1.) Petitioner has challenged the Order of detention dtd. 29/9/2022 issued by the Commissioner of Police, Pune City under Sec. 3(2) of "Maharashtra Prevention of Dangerous Activities of Slumlord, Bootleggers, Drug Offenders, Dangerous Persons, Video Pirates, Sand Smugglers and persons engaged in Black-Marketing of Essential Commodities Act, 1981" (hereinafter referred to M.P.D.A. Act) along with Order of detention, ground of detention and the documents relied upon by detaining Authority while issuing detention Order were served upon petitioner/detenu.

(2.) impugned Order of detention is based on C.R. No. 180 of 2022 registered with Bundgarden Police Station, Pune for offences punishable under Ss. 324, 323, 504, 506 of the Indian Penal Code and C.R. No. 182 of 2022 registered with Bundgarden Police Station, Pune for offences punishable under Ss. 353, 332 of IPC. The detaining Authority has also relied upon the statement of two witnesses recorded in-camera for issuing the Order of detention.

(3.) The solitary ground urged by Petitioner which is sufficient to set aside the impugned Order of detention is that the representation addressed to the State of Maharashtra at the instance of the Petitioner was not dealt with expeditiously. In paragraph No. 5(G) of the Petition, it is urged that the representation of the Petitioner dtd. 1/12/2022 was sent to the Superintendent Mumbai Central Prison, Mumbai for forwarding it to State Government for expeditious consideration. On the date of filing of this Petition, the detenu had not received any communication from the State Government as regards to the consideration of the said representation by the State Government.