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ARJUN S/O RATAN GAIKWAD v. THE STATE OF MAHARASHTRA

Supreme Court of India | Diary 41061/2024

Status

Judgment

Decided On

2024-12-11

Bench

HON'BLE THE CHIEF JUSTICE, HON'BLE MR. JUSTICE K.V. VISWANATHAN

Petitioner

ARJUN S/O RATAN GAIKWAD

Respondent

THE STATE OF MAHARASHTRA

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Full Judgment Text

2024 INSC 968

1

REPORTABLE

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. OF 2024

(Arising out of SLP (Crl.) No.12516 of 2024) ARJUN S/O RATAN GAIKWAD …APPELLANT(S)

VERSUS THE STATE OF MAHARASHTRA AND OTHERS …RESPONDENT(S)

J U D G M E N T

B.R. GAVAI, J. 1. Leave granted.

2. The appeal is taken up for hearing.

3. This appeal challenges the judgment and order dated

20th August 2024 passed by the Division Bench of the High

Court of Judicature at Bombay, Bench at Aurangabad in

Criminal Writ Petition No. 698 of 2024, thereby dismissing

the petition filed by the appellant herein.

4. Shorn of details, the facts leading to the present appeal

are as under:

4.1 The District Magistrate, Parbhani passed an order

2

under Section 3(2) of the 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

‘MPDA Act’) and thereby detaining the appellant for a period

of twelve months, so as to prevent him from indulging in the

activities of bootlegging thereby preventing the maintenance

of peace.

4.2 The detaining authority had basically relied on the six

cases registered against the appellant by the State Excise

Department. The grounds of detentio...

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