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- (Per: M.G.Sewlikar, J.)

1. Rule. Rule made returnable forthwith.

2. By consent of both the sides, heard fnally.

3. Challenge in this Writ Petition under Articles 226 and 227 of the Constitution of India is to the order of detention passed by {2} CRI WP 559 of 2020 respondent No.2 dated 12.03.2020 and confrmed by respondent No.1 by order dated 18.03.2020. This detention is under Sections 3(1) and 3(2) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug-ofenders, Dangerous Persons, Video Pirates, Sand Smugglers and Persons Engaged in Black-Marketing of Essential Commodities Act, 1981 (hereinafter referred to as the MPDA Act). 

  Sr. Police               C.R.No.   Under      Date       of Present
  No. Station                        Section    Registration Status
  1      City Chowk 359/2019 392, 394, 26/01/2018                    Pending Trial
                             398, 504,
                             506, 34 IPC
  2      City Chowk 15/2020          394, 324, 08/01/2020            Pending
                                     323 IPC                         Investigation
                                 Preventive action

  Sr. Police            Chapter Case Disposal
  No. Station           No. And u/s.
  1      City           08/2015 u/s 110 Case was dropped as he was
         Chowk          of Cr.P.C.      detained under MPDA Act , 1981
                               Externment Proceeding

  Sr. Police            Externment      Order Under Section
  No. Station           No.
  1      City           No.DCP/Externment/     56(1) (a)(b) of Bombay Police
{10} CRI WP 559 of 2020
(iv) in the case of a dangerous person, when he is engaged or is making preparations for engaging, in any of the activities as a dangerous person, which afects adversely, or are likely to afect adversely, the maintenance of the public order."

15. This provision signifes that merely a person is a dangerous person is not sufcient to invoke the provisions of the MPDA Act . The further essential requirement is that the activities of a dangerous person must prejudicially afect the maintenance of the public order. If the activities of a dangerous person do not afect prejudicially the maintenance of the public order, the provisions of the MPDA Act cannot be invoked.

18. Section 8 of the MPDA Act makes it obligatory for the Detaining Authority to communicate to the detenu the grounds on which the order has been made within fve days of the date of detention and also shall aford him an opportunity of making representation against the order of the State Government. Section 10 of the MPDA Act requires the State Government to place before the Advisory Board within three weeks from the date of detention of a person the grounds on which the order has been made. Section 11 states that within seven weeks from the date of detention of the person, the Advisory Board shall submit the report to the State Government. Section 13 states that detention shall not be for more than twelve months.