SHAIKH ARBAAZ 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 petition, under Article 226 of the Constitution of India, is to order dtd. 27/12/2023 passed by Respondent No.2 - District Magistrate, Jalna directing detention of the petitioner for a period of twelve months, in exercise of power 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 ('MPDA Act'). The petitioner came to be detained with effect from 1/1/2024.

(3.) Learned counsel for the petitioner would submit that although ten crimes were registered against the petitioner, seven cases are triable by the Court of J.M.F.C. Only two cases are serious, being punishable under Sec. 307 of the I.P.C. Those are pending adjudication. Law will take its own course in regard to those crimes. He would further submit that crime, C.R. No. 324 of 2021 was registered against 150 persons. The petitioner was not the main accused therein. While another crime, C.R. No. 319 of 2022 was registered against not less than 80-90 unknown persons. The petitioner again has been falsely implicated therein. Same is the submission of learned counsel as regards crime, C.R. No. 343 of 2023. According to him, it was registered against four unknown persons. He would further submit that an offence under the Arms Act has been registered against the petitioner, falsely implicating him on the basis of secret information. The petitioner was released on bail in all the cases pending against him.