SAGAR PRAKASH KAMBLE Vs. COMMISSIONER OF POLICE NASHIK

JUDGEMENT

(1.) By this petition, the petitioner/detenu is challenging the order of his detention dated 19th March 2019 passed by the first respondent under 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, (hereinafter referred to as "the said Act" for the sake of brevity). By the said impugned order passed under Section 3(2) of the said Act, by recording satisfaction that the petitioner is a dangerous person and it is necessary to detain him in order to prevent him from acting in a manner prejudicial to maintenance of public order, the respondent no.1 had ordered detention of petitioner/detenu Sagar Prakash Kamble.

(2.) Though Mr.Tripathi, the learned counsel appearing for the petitioner raised only one legal contention in order to challenge the order of detention passed by the respondent no.1 by avk relying on ground no.5(e) pleaded in the petition.

(3.) Ground No.5(e) raised by the petitioner/detenu needs to be reproduced for appreciating the contentions raised by the learned counsel for the petitioner. According to him, there is delay in sending the report to the State Government after passing order of detention of the petitioner. The law mandates that the report should be submitted to the State Government forthwith and there is no plausible explanation for delay in submitting the report to the State, which infact, resulted in approval of detention on 25 th March 2019. The learned counsel for the petitioner urged that there is no plausible explanation for delay in not submitting the report forthwith to the State by the respondent no.1. The relevant portion of ground raised in this regard is found in paragraph 56(e), which reads thus :