LAWS(BOM)-2023-7-554

ANIL MOTIRAM RATHOD Vs. STATE OF MAHARASHTRA

Decided On July 28, 2023
Anil Motiram Rathod Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Heard Shri R. S. Kurekar, learned counsel for the petitioner and Shri N. R. Rode, learned Additional Public Prosecutor for respondent Nos.1 to 3.

(2.) By this petition, the writ jurisdiction of this Court under Article 226 of the Constitution of India is invoked seeking relief of quashing and setting aside the detention order and committal order No.DESK-2/HA/HOME/WS-646/2022, dtd. 04/08/2022 passed by the respondent No.2 and to set aside the order dtd. 14/09/2022 passed by respondent No.1, confirming the order of respondent No.2. The impugned orders have been passed in terms of the provisions of Sec. 3 r/w Sec. 12 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 "the Act").

(3.) The facts as gathered from the statements made in the petition and the record produced therewith, which have led to the passing of the impugned orders and their challenge in the petition are as under :-