LAWS(BOM)-2023-6-1169

HARVINDER Vs. COMMISSIONER OF POLICE

Decided On June 12, 2023
HARVINDER Appellant
V/S
COMMISSIONER OF POLICE Respondents

JUDGEMENT

(1.) This petition is filed challenging the order of Detention bearing No. TC/PD/DO/MPDA/20/2022, dtd. 8/12/2022, issued by Commissioner of Police, Thane - Respondent No. 1, in the exercise of the powers conferred by Sub-Sec. (2) of Sec. 3 of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug-offenders and Dangerous Persons, Video Pirates, Sand Smugglers and Persons Engaged in Black Marketing of Essential Commodities Act, 1981 ("the MPDA Act").

(2.) The Detaining Authority in the said order has referred to the details of the criminal cases in which the petitioner is involved during the period from the year 2018 to 2021. A perusal of the detention order shows that C.R. No. 406 of 2022 registered for the offences punishable under Secs. 324, 323, 327, 143, 147 and 149 of the Indian Penal Code and two in-camera statements are relied upon by the Detaining Authority. The detention order further refers to the particulars of the in-camera statement recorded of the two witnesses.

(3.) The petitioner had filed representation dtd. 14/3/2023 before the jail authorities, which was forwarded to the State Government through the Superintendent, Nashik Road, Central Prison. The representation filed by the petitioner is rejected by the respondent no. 2.