OMKAR CHANDRASHEKHAR KAPARE Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) The Petitioner has preferred this petition before this Court invoking the jurisdiction under Article 226 of the Constitution of India. The Petitioner has prayed for quashing and setting aside of the detention order bearing no. PCB/DET/2033/2018 dated 23/04/2018 issued under Section 3(1) of The Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug-offenders, Dangerous Persons and Video Pirates Act, 1981 (for short, 'MPDA') and for order of his release from detention. The detention order dated 23/04/2018 was passed by the Respondent No.1 - Commissioner of Police, Pune City. The Petitioner is detained at Yerawada Central Prison, Pune, pursuant to the order of detention.

(2.) The order of detention was passed on 23/04/2018 by the Respondent No.1 as mentioned earlier. It was mentioned in the order that the Respondent No.1 was satisfied that it was necessary to make an order directing him to be detained with a view to prevent him from acting in any manner prejudicial to the maintenance of public order. The order was passed in exercise of the powers conferred by Section 3(2) of the MPDA read with Government Order issued by the Home Department (Special) on 22/12/2017.

(3.) The Petitioner was served with grounds of detention in pursuance of Section 8 of the MPDA. Section 8 of the MPDA requires the authority passing the detention order to communicate to the detenu the grounds on which the order is made and to afford him the earliest opportunity of making a representation against the order to the State of Maharashtra. The copies of the documents placed before the Respondent No.1 on which the said authority relied and formed her subjective satisfaction, were enclosed with the grounds of detention, except names and identifying particulars mentioned in paragraphs 6.1 and 6.2 of the grounds of detention; for which privilege was claimed.