MADHUKAR AAWBA HEGADE vs STATE OF MAHARASHTRA AND ANR

Judgment text excerpt

Gokhale 1 of 12 7-wp-1319-25 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1319 OF 2025 Madhukar Aawba Hegade ..Petitioner Versus The State of Maharashtra & Ors. ..Respondents __________ Mr. Harshvardhan Suryavanshi for Petitioner. Mr. S. V. Gavand, APP for State/Respondent. __________ CORAM : SARANG V. KOTWAL & S. M. MODAK, JJ. DATE : 17 APRIL 2025 JUDGMENT: (Per Sarang V. Kotwal, J.) 1. Heard Mr. Harshvardhan Suryavanshi, learned counsel for the Petitioner and Mr. Gavand, learned APP for the State. 2. The Petitioner is a 70 year old person. He has challenged the Detention Order issued by the Respondent No.2-District Magistrate, Kolhapur, under section 3 of 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 Digitally signed by VINOD VINOD BHASKAR BHASKAR GOKHALE GOKHALE Date: 2025.04.22 10:27:52 +0530 2 of 12 7-wp-1319-25 Act, 1981 (for short ‘MPDA Act’), dated 23.01.2025, bearing No.Desk-7/Home/Pol/MPDA/SR/01/2025. Apart from the Detention Order, the Detaining Authority passed the Committal Order directing that the Petitioner be detained at Yerwada Central Prison, Pune. 3. The Petitioner was served with the grounds of detention. The grounds of detention are divided in different paragraphs. The Paragraph-3 lists 10 offences and 2 preventive actions taken against the petitioner in the past. Those offences were registered at the instance of Kagal police station, or State Excise Flying Squad, Kolhapur, or Sub-Inspector, State Excise Department, Kagal. All those offences were U/s.65(e) of the Maharashtra Prohibition Act, 1949 (for short ‘said Act’). Those offences w