RANJANA W/O GANESH SHRIPATRE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India takes exception to the order dated 24/3/2011 passed by respondent no.2 and confirmed by respondent no.1 on 4/5/2011 detaining the brother of the petitioner under Section 3(3) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders, Dangerous Persons and Video Pirates Act, 1981 (for the sake of brevity, hereinafter referred to as "the said Act'). Rule came to be issued by this Court on 20/6/2011 and the same was made returnable in four weeks. This is how this petition, which is of the year 2011, is listed before us for final hearing.

(2.) As stated by us, the respondent no.2 issued the impugned order detaining the brother of the petitioner under Section 3(3) of the said Act. The impugned order came to be issued on 24/3/2011 and the petitioner challenges the aforesaid order on the following grounds :

(3.) Shri Daga, learned Counsel for the petitioner, states that the respondents have not offered any explanation for the period from 1/12/2010 to 10/1/2011, 17/1/2011 to 18/2/2011 and 25/2/2011 to 10/3/2011. It is urged by the learned Counsel for the petitioner that the delay of about five months, which has not been explained by the respondents, vitiates the impugned order. In support of his contention, the learned Counsel for the petitioner has placed reliance on the judgment of the Division Bench of this Court in Shabbirbhai Bookwala and another vs. The State of Maharashtra and others, 2011 AllMR(Cri) 2553). In the said judgment, the Division Bench at paragraphs (10) and (13) has held as under :