AJAY SURESH ALANDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The short issue that arises for consideration in this Criminal Writ Petition is whether the delay in deciding the representation made by the petitioner against the order of detention passed under Section 3(2) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders, Dangerous Persons and Video Pirates Act, 1981 (hereinafter referred to as, "the MPD Act", for short), vitiates the same.

(2.) The respondent No.2 - The District Magistrate, Jalgaon passed an order dated 21.4.2014 under provisions of Section 3(2) of the MPD Act detaining the petitioner in exercise of powers conferred under Section 3(1) of the MPD Act. On being served with the aforesaid order of detention, the petitioner made a representation dated 8.5.2014 that was received by the State Government on 9.5.2014. The present Writ Petition has been filed on 8.5.2014 challenging the aforesaid order of detention on various grounds including sufficiency of material for passing the order of detention, absence of subjective satisfaction of the detaining authority, release of the petitioner on bail in various offences referred to in the detention order etc.. It is also the case of the petitioner that there has been undue delay in deciding the representation made by the petitioner against the aforesaid order.

(3.) On 8.5.2014, Rule was issued in the present Writ Petition making the same returnable on 10.6.2014. In support of the order of detention, the respondent No.2 has filed affidavit dated 17.6.2014. The order of detention is sought to be justified by stating that the same was passed after considering the entire material on record and after arriving at the subjective satisfaction as contemplated. It is further stated that the parawise comments of the detaining authority were called for by the State Government by letter dated 9.5.2014, which were received by the said Authority on 17.5.2014. It is stated in paragraph14 of the said affidavit that the parawise remarks were sent by the said Authority to the State Government on 4.6.2014.