SALMAN @ BABA Vs. STATE OF MAHARASHTRA
HIGH COURT OF BOMBAY
Salman @ Baba
STATE OF MAHARASHTRA
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AMIT B.BORKAR,J. -
(1.) Hearing was conducted through video conferencing and the learned counsel agreed that the audio and video quality was proper.
(2.) Rule. Rule is made returnable forthwith. Learned Additional Public Prosecutor waives notice on behalf of the respondents. Heard
finally by consent of the learned counsel appearing for the parties.
(3.) The petitioner/detenue Salman @ Baba S/o. Harun Khan has preferred this petition challenging preventive detention order passed
against him bearing no. DET/MPDA/Zone-V/PCB/04/2019 on 18.01.2019
by respondent no. 2-Commissioner of Police, Nagpur. The said detention
order has been passed under sub-Section (2) of the Section 3 of the
Maharashtra Prevention of Dangerous Activities of Slumlords,
Bootleggers, Drug Offenders, Dangerous Persons, Vedio Pirates, Sand
Smugglers and Persons engaged in Black-marketing of Essential
Commodities Act, 1981 (Amendment of 2015) (Mah. LV of 1981)
(hereinafter referred to as "the MPDA Act"). The said detention order has
been issued by respondent no. 2, as according to him the petitioner is a
dangerous person as defined under Section 2(b-1) of the MPDA Act,
whose activities are pre-judicial to the maintenance of public order. The
detention order is based on Crime No. 583/2018 registered with Kalamna
Police Station under Sections 307 , 326 , 143 , 147 and 149 of Indian Penal
Code read with Sections 4 and 25 of Indian Arms Act. In so far as Crime
No. 583/2018 is concerned, the petitioner was granted bail by this Court
by order dated 22.11.2018. The said offences were registered on
30.08.2018. The detention order is also based on two in-camera statements of witnesses "A" and "B" recorded on 09.12.2018 and
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