IQBAL MUNNAF SAYYED Vs. COMMISSIONER OF POLICE, PUNE

JUDGEMENT

(1.) The present Writ Petition is filed by the detenu detained at Nasik Road Central Prison, Nasik in pursuance of an order of detention dated 4th February, 2017, passed under Section 3(2) of the Maharashtra Prevention of Dangerous Activities Act, 1981 for quashing and setting aside the said order and seeking his temporary release from detention. The Petitioner has also prayed that the definition of "Dangerous weapon" under Section 2(b1) of the M.P.D.A. Act be declared an unconstitutional being against the object and reasons of the enactment.

(2.) The Petitioner was detained by the impugned order and the copy of the order of the detention and the grounds of detention came to be served on the Petitioner on 4 th February, 2017. The Petitioner contends that he had submitted a representation for revocation of the order of detention and he also appeared before the Advisory Board, which confirmed the order of detention. The grounds on which the order of detention is assailed by the present writ petition are enumerated below in a brief manner:

(3.) Since the Petitioner had challenged constitutional validity of Section 2(b1) of the M.P.D.A. Act, notice was issued to the learned Advocate General. Today the learned Advocate General is present before us since the notice was issued to him, however, at the outset the Petitioner submitted that he did not wish to press the challenge to the validity of the defination of 'dangerous person' as prayed by him in his prayer (e). Therefore, we have relieved the learned AG and heard the learned Assistant Public Prosecutor Mrs.Mhatre on merits of the matter. We have heard Shri Vikas Shivarkar , the learned counsel for the Petitioner.