FEROZ KHAJA MOHAMMAD SHAIKH vs STATE OF MAHARASHTRA AND ORS

Judgment text excerpt

Digitally signed by GAURI GAURI AMIT GAEKWAD AMIT Date: GAEKWAD 2025.09.12 WP-1397-2025.odt 18:46:42 +0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.1397 OF 2025 Feroz Khaja Mohammad Shaikh ) Age 45 years, an Indian Inhabitant, ) residing at Vishnu Nagar Station Wadi, ) Sinnar Phata Nasik Road, Nasik ) ….Petitioner Versus 1. The State of Maharashtra ) Through Secretary, ) Home Department (Special), ) Mantralaya, Mumbai – 400 032 ) 2. The Commissioner of Police ) Nashik City, Nashik ) 3. The Superintendent of Nashik Road ) Centre Prison, Nashik ) ….Respondents ---- Ms. Aisha Z. Ansari a/w. Ms. Nasreen Ayubi for the Petitioner. Mr. S.V. Gavand, Addl. PP for the Respondent – State. ---- CORAM : RAVINDRA V. GHUGE & GAUTAM A. ANKHAD, JJ. RESERVED ON : 26th AUGUST, 2025 PRONOUNCED ON : 12th SEPTEMBER, 2025 JUDGMENT (PER : RAVINDRA V. GHUGE, J.) : 1. This Petition is filed under Article 226 of the Constitution of Gauri Gaekwad 1 of 27 WP-1397-2025.odt India and under Section 3(2) 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 Act, 1981 (hereinafter referred to as “the MPDA Act”). The Petitioner seeks to challenge the order of detention dated 3rd February, 2025. This Petition was filed on 10 th March, 2025. The earlier Bench, which heard this matter on 17th March, 2025, issued Rule. Though there is no formal order, the parties waived service of notice on Rule. Hence, this matter was heard finally on 25th August, 2025 and 26th August, 2025, for about 2 ½ hours. 2. During the course of the hearing, the learned Addl. PP tendered a compilation of documents (page nos.1 to 82