NIRANJAN SANJAY GOTARANE Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) Petitioner has invoked jurisdiction of this Court under Article 226 of the Constitution of India, impugning Detention Order dtd. 29/12/2023 bearing OW. No./ PCB/DET/231/2023, Pimpri Chinchwad, passed by Respondent No.1 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, "MPID Act"), directing detention of Petitioner.

(2.) Heard Ms. Tripathi, learned Advocate for Petitioner and Mr. Gavand, learned A.P.P. for Respondents-State. Perused entire record produced before us and Affidavit-in-Replies filed by the Respondents.

(3.) At the outset, we may note here that, through the Petitioner has taken various grounds in the Petition for assailing the impugned Detention Order, learned Advocate for Petitioner restricted her arguments to the Ground (c) of the Petition. In Ground (c), Petitioner has stated that, though he submitted his representation dtd. 17/1/2024 to the Superintendent of Yerwada Central Prison, Pune for forwarding it to the State Government for its expeditious consideration, the same was decided on 8/2/2024, i.e. after lapse of about 18 days. That, there is unexplained delay at the behest of Respondents in consideration of said representation, which has caused detention of the Petitioner unconstitutional and therefore the impugned Detention Order may be quashed and set aside by allowing the Petition.