SAGAR SUNIL GAIKWAD Vs. COMMISSIONER OF POLICE, PUNE

JUDGEMENT

(1.) By this writ petition under Article 226 of the Constitution of India, the petitioner detenu challenges the order of detention. The said order has been passed under the provisions 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 ('MPDA Act' for brevity). The order of detention is dated 27th September 2017. It is issued under section 3 of MPDA Act by first respondent. The respondent nos. 2 to 4 are the State of Maharashtra through Department of Home, the Superintendent of Kolhapur Prison and the Secretary, Advisory Board for MPDA Act.

(2.) The petition proceeds on the footing that the petitioner is a citizen and national of India. He is ordinarily residing in Pune city, however, he is presently lodged in Kolhapur Central Prison. The petitioner says that the copy of grounds of detention are served upon him and he has annexed the same as Exhibit-B. A copy of the index of compilation of documents is annexed to the petition as Exhibit-C. Exhibit D collectively are the copies of statements of witness-A and witness-B stated to be recorded in camera. Exhibit-I is the copy of representation dated 2nd January 2018 forwarded by the detenu to the State Government.

(3.) The detention order is challenged on several grounds. However, Mr. Tripathi, learned advocate for petitioner, would submit that in the first instance, the petitioner presses ground (b) of paragraph 6. That ground appears at pages 5 and 6 of the paper book and reads thus :