RUPESH LAXMAN GAIKWAD vs COMMISSIONER OF POLICE AND ORS

Judgment text excerpt

bipin prithiani/dtg 79-wp-3107.25-Judgment.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3107 OF 2025 Rupesh Laxman Gaikwad R/o. In-front of T.M.C. School No. 55, Azad Nagar, Thane, Dist. Thane (At present Nashik Road Central Prison, Nashik) … Petitioner V/s. 1) Commissioner of Police, Thane. 2) The State of Maharashtra (Through the Secretary Home Department (Spl) Mantralaya, Mumbai. 3) The Superintendent, Nashik Central Prison, Nashik. … Respondents ______________________ Ms. Jayshree Tripathi a/w Ms. Anjali Raut for Petitioner. Smt. Madhavi H. Mhatre, A.P.P. for Respondent-State. ______________________ CORAM : A. S. GADKARI AND RANJITSINHA RAJA BHONSALE, JJ. DATE : 22nd SEPTEMBER 2025 JUDGMENT (Per : A.S. Gadkari, J.) :- 1) Petitioner, detenue, has invoked jurisdiction of this Court under Article 226 of the Constitution of India, impugning the Detention Order dated 15th April 2024, bearing No.TC/PD/DO/MPDA/09/2024 passed by Respondent No.1 under Section 3(2) of the Maharashtra Prevention of 1/7 bipin prithiani/dtg 79-wp-3107.25-Judgment.doc Dangerous Activities of Slumlords, Bootleggers, Drug-Offenders, Dangerous Persons, Video Pirates, Sand Smugglers and Persons engaged in Black- marketing of Essential Commodities Act, 1981 (Maha.Act No. LV of 1981) (Amendment-2015) (for short ‘MPDA Act’) and the Committal Order of even date, directing his detention in Nashik Road Central Prison, Nashik. 2) Heard Ms. Tripathi, learned Advocate for the Petitioner and Mrs. Mhatre, learned A.P.P. for Respondents. Perused entire record produced before us and the Affidavits in reply filed by the Respondent-Authorities. 3) Petitioner has assailed the Order of Detention dated 15 th April 2024, predominantly on the ground that, there