2015 (3) ABR (Cri) 246 ::(2015) 2 BomCR(Cri) 631 ::(2016) 1 Mh LJ (Cri) 77 ::2015 AllMR(CRI) 3042

Bombay High Court

Hon'ble Judge(s): B. R. Gavai, A. S. Gadkari , JJ

( A ) Constitution of India Art. 22 (5) — Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders, Dangerous Persons and Video Pirates Act (55 of 1981), S. 3 (1) — Preventive detention — Inordinate delay of fourteen days in considering representation of detenue — There was six days delay in preparing parawise comments and benefit of two holidays was given — It means parawise comments decided within four days — While forwarding hard copy of parawise comments to State Government excluding holidays delay of five days was properly explained — In-camera statements of witnesses were personally verified — Assistant Police Commissioner was satisfied that statements given by witnesses were true and correct — Recording of subjective satisfaction in unequivocal terms by detaining authority regarding activity of detenu which was extremely prejudicial to maintenance of public order — Detention, proper. (Paras5910)