PRAKASH CHAINSHING NAVALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Petitioner has invoked writ jurisdiction of this Court under Article 226 of the Constitution of India challenging the order of detention dtd. 25/5/2022 issued by District Magistrate, Pune under Sec. 3(1) of Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders, Dangerous Persons, Non Licensed performers of Audiovisual Arts (Video Pirates), Sand Smugglers and Person Engaged in Black Marketing of Essential Commodities Act, 1981 (hereinafter referred to as MPD Act).

(2.) The order of detention was executed upon Petitioner along with grounds of detention dtd. 25/5/2022 accompanied with the documents relied upon by Detaining Authority while issuing order of detention.

(3.) The impugned order of detention has been issued with a view to prevent the Petitioner/Detenu from acting in any manner prejudicial to the maintenance of public order. The grounds of detention specify that the detention order is based on grounds stipulated in paragraph 4 of the said grounds. Paragraph 4 refers to the offence registered with Vadgaon Nimbalkar Police Station in respect to Crime dtd. 9/3/2022. It is alleged that Petitioner/Detenu was found in possession of 24 plastic balloons with total 6 liters of liquor in his possession. He was selling ready made liquor to his acquaintances. The grounds also referred to the statement of confidential witness 'A' and confidential witness'B' which were recorded on 14/3/2022 and 17/3/2022. Paragraphs 6 and 7 of the grounds of detention refer to the subjective satisfaction recorded by Detaining Authority for issuing the Order of Detention.