SAHEBRAO @ NITIN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Mr. Yuvraj Dhande, learned Advocate for the petitioner and Mr. A.B. Badar, learned A.P.P. for respondent Nos.1 and 2. Rule.

(2.) By this writ petition, the petitioner has challenged the order dtd. 9/11/2023 passed by respondent No.2-Collector, Yavatmal, under Sec. 3(2) 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, 1981 which is subsequently confirmed by respondent No.1 on 28/12/2023.

(3.) The proposal for detention was forwarded by the Police Station Officer, Police Station, Awdhootwadi, Yavatmal to the detaining authority on 2/11/2023. The main ground raised challenging the impugned order in the present petition is that the date on which the proposal of detention was sent by the sponsoring authority i.e. 2/11/2023, the detenu was on bail and neither applications nor orders of bail were made part of the proposal and placed before the detaining authority. Other grounds consist of belated consideration of representation made by the petitioner on 7/12/2023, non-supply of translated documents in Marathi language, documents including N.C.R. Report, spot-panchanama and seizure panchanama, copy of in-camera statements. It is also contended that verification of the in-camera statements is done by different authority than the recording authority.