LAWS(BOM)-2024-5-39

NANA Vs. STATE OF MAHARASHTRA

Decided On May 06, 2024
NANA Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. Heard both the sides finally with their consent at the admission stage.

(2.) The petitioner is challenging order dtd. 24/11/2023 passed by the respondent no.2/District Magistrate, Jalgaon under Sec. 3(1) of the Maharashtra Prevention of Dangerous Activities of Slumlords Bootleggers, Drug-Offenders, Dangerous Persons and Video Pirates, Sand Smugglers and Persons Engaged in Black-Marketing of Essential Commodities Act Act, 1981 (hereinafter referred to as the MPDA Act for the sake of brevity and convenience). The petitioner is held to be dangerous person on the basis of ten offences pitted against him, preventive actions, externment order dtd. 5/10/2015 and two in-camera statements.

(3.) Learned Counsel for the petitioner submits that out of ten offences, petitioner has been acquitted in nine offences which is overlooked. It is further submitted that the order enlarging petitioner on bail in the last offence has not been considered. It is further overlooked that last offence was registered after time span of four years from its preceding offence. Thus according to learned Counsel subjective satisfaction is arbitrary. He submits that there was no need to resort to drastic action and the activities could have been controlled by ordinary penal laws.