NIKHIL @ GANESH Vs. STATE OF MAHARASHTRA

JUDGEMENT

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

(2.) The present petition is filed under Article 226 of the Constitution of India in order to challenge the order of preventive detention dtd. 5/2/2024 passed by the District Magistrate, Beed under Sec. 3(1) 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 ( Hereinafter referred to as "MPDA" for the purpose of brevity) and the subsequent order dtd. 7/11/2024 passed by Respondent No.1 confirming the said order dtd. 5/2/2024.

(3.) Respondent No.4 had submitted a proposal for passing order of preventive detention against the Petitioner. The said proposal submitted by Respondent No.4 was forwarded by the Superintendent of Police, Beed to Respondent No.2 on 12/1/2024. The Superintendent of Police had verified in-camera confidential statements recorded on 26/12/2023 and 28/12/2023 before forwarding the proposal. Based on the proposal, Respondent No.2 passed order of preventive detention against Petitioner on 5/2/2024. Simultaneously on the same day, the order of committal also came to be passed by Respondent No.2. The grounds for detention were also prepared on 5/2/2024. The order of preventive detention dtd. 5/2/2024 was approved by Respondent No.1 on 14/2/2024 in terms of Sec. 3(3) of the MPDA.