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(PER N.J. JAMADAR, J.)

1. Rule. Rule made returnable forthwith and with the consent of the learned counsels for the parties, the petition is heard finally.

2. The challenge in this petition is to an order of detention, Mrs. Shraddha Talekar PS 2/20 CRI.WP-559-2021-J.doc dated 20th November 2020, passed against the petitioner by the Commissioner of Police, Pune City, under section 3(2) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders and Dangerous Persons, Video Pirates, Sand Smugglers and Persons Engaged in Black Marketing of Essential Commodities Act, 1981 (hereinafter referred to as "MPDA Act, 1981").

(iv) The Detaining Authority, after considering the aforesaid material, was of the view that it was necessary to detain the petitioner by invoking the provisions contained in section 3 of the MPDA Act, 1981 in order to prevent him from acting in any manner prejudicial to the maintenance of public order. Thus, the impugned detention order was passed on 20th November 2020.

4. The petitioner has taken exception to the impugned order of detention on the following principal, amongst the other, grounds :-

"......
(iv) Petitioner submits that, the three F.I.Rs cited in the record and proceedings of the detention order, ex facie does not satisfy the essential ingredients of MPDA Act to implicate present Petitioner.
(v) That, Petitioner's detention is caused with ulterior motive and malafide intentions due to local political rivalry and political pressure on Respondent No.2.

11. Section 3 of MPDA Act, 1981 empowers the State Government and also empowered Officers to detain any person with a view of preventing him from acting in any manner prejudicial to the maintenance of public order. It is trite that, "public order" and "law and order" are different concepts and have distinct juridical connotations. Only those acts which are prejudicial to the maintenance of public order, furnish a legitimate basis for preventive detention.

12. At this juncture, it may be appropriate to note the relevant provisions contained in the MPDA, Act, 1981 under which the Detaining Authority passed the impugned order. The Act defines 'dangerous person' as under :-