NITIN DATTATRAY KENY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule, returnable forthwith. Mrs.Pai, learned Addl. Public Prosecutor, appears and waives service of rule on behalf of the respondents. Heard by consent.

(2.) By this petition, the petitioner has levelled a pre-execution challenge to an order of detention bearing No.161/PCB/DP/Zone-XI/2005 dated 31.10.2005 passed by the Commissioner of Police, Brihan Mumbai, directing detention of the petitioner for a period of one year under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug-Offenders and Dangerous Persons Act, 1981, hereinafter referred to as the "Act".

(3.) The order of detention has not yet been served upon the petitioner. The learned Vacation Judge of this Court has on 19.5.2006 directed that the petitioner be not detained till 12.6.2006. The learned Addl. Public Prosecutor has moved this Court for vacation of that order. Instead of deciding the propriety of the interim order, we have, with the consent of the learned counsel for the petitioner, heard the petition itself.