MOHAMMED MUSTAFA S/O MOHAMMAD MASTAN Vs. THE STATE OF MAHARASHTRA
LAWS(BOM)-2017-12-2
HIGH COURT OF BOMBAY (AT: AURANGABAD)
Decided on December 04,2017

Mohammed Mustafa S/O Mohammad Mastan Appellant
VERSUS
THE STATE OF MAHARASHTRA Respondents

JUDGEMENT

MANGESH S.PATIL,J. - (1.) Rule. Rule is made returnable forthwith. With the consent of both the sides the matter is heard finally.
(2.) This is a petition under Article 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. for quashing and setting aside the order passed by the learned Commissioner of Police, Aurangabad in case no. D.O.2017/MPDA/DET-3/CB-31 dated 30.06.2017 under the provisions of Section 31 of the Maharashtra Preventive Detention Act, 1970 and under Section 3(1) of the Maharashtra Prevention of Dangerous Activities of Slumlord, 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 MPDA Act). Similarly he is challenging the order passed by the State Government approving the detention and directing him to be detained for a period of twelve (12) months on the basis of the report submitted by the advisory board constituted under the MPDA Act.
(3.) Shortly stated the impugned orders have been passed on various grounds justifying the conclusion that the petitioner is a dangerous person within the meaning of the MPDA Act. In support of such conclusion the following facts are stated to have weighed with the Commissioner of Police, Aurangabad and the State Government. There are as many as seven criminal cases pending trial against him for variety of serious charges like attempt to murder, kidnapping and abduction, robbery and breach of the order of externment passed under the Maharashtra Police Act, 1951. In spite of preventive measures in the form of institution of chapter case under Section 110 of the Cr.P.C. And the order of exterment under the provisions of Maharashtra Police Act, the anti-social activities of the petitioner have not abated. On the contrary his such activities are on the rise. In-camera statements of couple of witnesses were also recorded and the Commissioner of Police, Aurangabad after having been satisfied with the material collected and mentioned herein-above, by the impugned order (Exhibit-A) directed the petitioner to be detained under the provisions of Section 3(1) of the MPDA Act.;


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