AKASH Vs. STATE OF MAHARASHTRA

JUDGEMENT

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

(2.) The petitioner/detenu, who is detained in furtherance of an order dtd. 10/7/2024 passed by respondent No.2/the District Collector, Wardha, has approached this Court praying for quashing and setting aside the said order and to release him forthwith. The petitioner has been detained by respondent No.2, who has confirmed the detention order dtd. 10/7/2024 by exercising powers conferred under sub-sec. (2) of Sec. 3 of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug-Offenders, Dangerous Persons, Video Pirates, Sand Smugglers and Person Engaged in Black Marketing of Essential Commodities Act, 1981 (for short "MPDA Act") and directed him to be detained at Nagpur Central Prison, Nagpur. The petitioner was served with the grounds of detention on the very same day.

(3.) Two crimes have been relied upon, in particular, Crime No.402/2024 and Crime No.222/2024 while passing the detention order. Twelve earlier offences alleged to have been committed by the detenu since 2022 to 2024 are also considered by the detaining authority. The petitioner has been shown as an under trial for two years. Both the above recent crimes considered for passing the detention order are registered under Sec. 65(e), 77(a) and 83 of the Maharashtra Prohibition Act, 1949.