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(Per M.G. Sewlikar, J.)

1. Rule. Rule made returnable forthwith.

2. By consent, heard fnally at admission stage.

criwp1587.20.odt

3. By this petition, the petitioner has challenged his detention under 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 (in short "MPDA Act").

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criwp1587.20.odt maintenance of the public order, the provisions of the MPDA Act cannot be invoked.

17. Section 3 of the MPDA Act provides thus :-

"3(1) The State Government may, if satisfed with respect to any person that with a view to preventing him from acting in any manner prejudicial to the maintenance of public order, it is necessary so to do, make an order directing that such person be detained. (2) If, having regard to the circumstances prevailing or likely to prevail in any area within the local limits of the jurisdiction of a District Magistrate or a Commissioner of Police, the State Government is satisfed that it is necessary so to do, it may by order in writing, direct that during such period as may be specifed in the order such District Magistrate or Commissioner of Police may also, if satisfed as provided in sub-section (1), exercise the powers conferred by the said sub-section:

19. 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 afford him an opportunity of making representation against

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criwp1587.20.odt 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.

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criwp1587.20.odt Advisory Board approved order of detention passed by the Detaining Authority. Accordingly, the State Government confrmed detention vide order dated 31st October, 2020. This chronology of events clearly states that the compliance as contemplated by the MPDA Act has been made.

21. The point raised by learned counsel for the petitioner is that the petitioner was not served with the notice and, therefore, he could not make representation as required by Section 3 of the MPDA Act. He submitted that the petitioner was in custody at that time.