SHYAM SURESH YENELLI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally with the consent of learned counsel for the parties.

(2.) The challenge in this writ petition, under Article 226 of the Constitution of India, is to order dtd. 14/12/2023 passed by the District Magistrate, Nanded (detaining authority) detaining the petitioner for a period of twelve months, in exercise of power 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. ('MPDA Act'). The State of Maharashtra in Department of Home approved the order of detention vide its order dtd. 19/12/2023. The detention of the petitioner is on the ground of he being a bootlegger and his activities as such were likely to affect the maintenance of public order.

(3.) The Inspector, State Excise Department, Nanded put up a proposal dtd. 28/11/2023 before the detaining authority for detention of the petitioner. A copy of the proposal is on record. Averments therein are :-