ANIKET RAOSAHEB HIWALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and taken up for final hearing at admission stage with the consent of learned counsel for the parties.

(2.) The challenge in this petition under Article 226 of the Constitution of India is to an order of the petitioner's detention, passed 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 (M.P.D.A. Act for short). The order of detention has been passed by the respondent No.2 - Commissioner of Police, Aurangabad on 28/4/2023. The said order of detention has been confirmed by the respondent No.1 - State of Maharashtra in Home Department. The period of detention is for 12 months. The petitioner is detained on the ground of his activities to have been found prejudicial to maintenance of public order, as he being a "dangerous person".

(3.) The challenge to the order of detention is is mainly on the ground of non-subjective satisfaction of the detaining authority in view of there being inadequate material. Whatever crimes have been registered against the petitioner were individual centric. His activities by no stretch of imagination could be termed to have potential to cause or likely to cause disturbance to maintenance of public order. The another ground of challenge is of delay in passing the order impugned herein.