BHARAT RUKMAJI SAMPATE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard at length Mr. Gundre, the learned counsel appearing for the Petitioner and Mr. Patil, the learned APP for the Respondents Authorities.

(2.) By the present petition under Article 226 of the Constitution of India, the Petitioner challenges the detention order bearing no.2025/MAG/MPDA/Desk-2/WS-158 dtd. 9/5/2025 passed by the Respondent No.2 as well as the approval order dtd. 16/5/2025 passed by the Respondent No.1/Competent Authority under 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 (in short the "MPDA Act").

(3.) The Petitioner raised substantial question regarding the manner in which his fundamental right guaranteed under Article 21 of the Constitution of India is being violated. Therefore, his personal liberty was curtailed and the procedure prescribed under the law was not followed. The Petitioner further contended that the order of preventive detention for a period of 12 months passed by the Respondent No.2 and confirmation granted by the Respondent No.1 was in a mechanical manner.