RUPALI PAWAN ARORA Vs. RAMRAO WAGH

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner as well as the learned APP for the State.

(2.) THIS petition has been filed by the wife of the detenu who has been arrested under the orders of detention passed by Respondent no.1 on 29.02.2008 under Section 3(1) of Maharashtra Prevention of Dangerous Activities of Slumlords Bootleggers, Drug Offenders and Dangerous Persons Act, 1981 (for short, the said Act" ). The order was executed on 16.05.2008 and presently the detenu is lodged in Jail.

(3.) THE learned APP does not dispute that if the relevant material taken into consideration by the Detaining Authority is not supplied to the detenu, the detention cannot be sustained. But she submits that the Detaining Authority had only used the material as mentioned in paragraph 4 only as a background material and he had not relied on it for the purposes of arriving at the subjective satisfaction.