MUMBAI | Sept 02, 2015: The Maharashtra Cabinet on Tuesday cleared a proposal that would enable authorities to book those involved in black marketing of commodities and illegal sand mining under the stringent Maharashtra Prevention of Dangerous Activities (MPDA) Act. The draft of the ordinance was tabled before the Cabinet on Tuesday where it was cleared. The draft will now be sent to the President for the Promulgation after the Maharashtra Governor's assent.
The draft ordinance provides government enforcement agencies powers to make preventive detention of those involved in black marketing of essential commodities and illegal sand mining. Police Commissionerate in urban areas and district magistrate have also been given the power to detain an accused for 12 days.
The ordinance says an advisory board would be constituted comprising a sitting High Court Judge and two retired judges. Within 12 days, the request for detaining the person should be reaching the Maharashtra home secretary and within 21 days, the home secretary has to approach the advisory board.
Once the case of the detained person reaches the advisory board, the accused as well as the authority that has filed the case against him would file their arguments and following which the advisory board can take a decision to sentence the accused for a year's imprisonment or release him. Once an accused is sentenced to one year's imprisonment, he can then appeal in the High Court.
Officials said if the advisory board doesn't approve of the detention, the person would have to be released immediately and the procedure from the detention to reaching the advisory board and the release or imprisonment will have to be done within seven weeks.
(Source: http://economictimes.indiatimes.com/)