ANIL S/O. RAMESH MANGLANI Vs. STATE OF MAHARSHTRA AND OTHERS
LAWS(BOM)-2017-4-105
HIGH COURT OF BOMBAY (AT: NAGPUR)
Decided on April 18,2017

Anil S/O. Ramesh Manglani Appellant
VERSUS
State Of Maharshtra And Others Respondents

JUDGEMENT

B.P.DHARMADHIKARI,J. - (1.) Heard Shri A.B. Moon, learned counsel for the petitioner and Shri A.S. Ashirgade, learned A.P.P. for respondents.
(2.) Order of detention dated 21.09.2016 passed by respondent no.2 Commissioner of Police, Nagpur City dated 21.09.2016 under Section 3 (2) of the Maharashtra Prevention of Dangerous Activities of Slum Lords, Bootleggers, Drug Offenders, Dangerous Person and Video Pirates Act, is questioned by petitioner on three grounds. First contention is, two offences viewed as relevant for ordering detention could not have been considered as the same appears to have been fabricated only for the purpose of detention. Second contention is, reliance upon two In-camera statements shows total non-application of mind as its verification done by the Assistant Commissioner of Police, has not been appropriately evaluated and there is nothing on record to show that those In-camera statements were personally looked into by the Detaining Authority. Last contention is, there is no live link, in as much as for state events the order of detention has been mechanically passed without understanding the importance of time factor. At every stage there is unreasonable delay.
(3.) Shri Moon, learned counsel for the petitioner fairly states that though translation of relevant documents were received by the petitioner, for want of proper legal advise, petitioner could not make any representation and order of detention in turn came to be approved by respondent no.1 on 03.11.2016. He is relying upon Division Bench judgment of this Court reported at 2014 All MR (Cri) 940 (Shahnawaj Khan Ismail Khan v. The State of Maharashtra and another).;


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