GOPAL SURESH MALIK Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this Petition under Article 226 of the Constitution of India, Petitioner has questioned the legality of the Order dtd. 24/8/2023, passed under Sec. 3 (2) 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 (for short 'the MPDA Act ), issued by the Respondent No.2-The Commissioner of Police, Thane thereby directing detention of the Petitioner. By the even dated Committal Order issued by the Respondent No.2, the Petitioner has been detained in Nashik Road Central Prison, Nashik.

(2.) Heard Mr. Amit Karva, learned Advocate for the Petitioner and Mr. Yagnik, learned A.P.P. for the State. Perused the Petition and the Affidavits-in-reply dtd. 9/2/2024, 24/1/2024 and 18/2/2024, filed by the Respondent Nos.1 to 3 respectively.

(3.) Even though the Petitioner has challenged the Detention Order on various grounds, as specifically raised in para 6 of the Petition, the learned Advocate for the Petitioner restricted his submissions to ground 'F' therein. In view of said ground, the learned Advocate submitted that, the relevant C.R.No.344/2023 registered against the Petitioner, as detailed hereinafter, would at the most amount to prejudicial to law and order problem and not public order, because the said offence is against an individual and not affecting the society. As a result, the Detention Order is illegal and liable to be quashed on this count alone.