IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.157 OF 2008. CRIMINAL APPLICATION NO.157 OF 2008. CRIMINAL APPLICATION NO.157 OF 2008. IN IN IN WRIT PETITION NO.970 OF 2008. WRIT PETITION NO.970 OF 2008. WRIT PETITION NO.970 OF 2008. Sanjay Kalpanath Pandey ..Petitioner versus Shri D.N.Jadhav & Others ..Respondents alongwith alongwith alongwith CRIMINAL APPLICATION NO.158 OF 2008 CRIMINAL APPLICATION NO.158 OF 2008 CRIMINAL APPLICATION NO.158 OF 2008 IN IN IN WRIT PETITION NO. 971 OF 2008 WRIT PETITION NO. 971 OF 2008 WRIT PETITION NO. 971 OF 2008 Shailesh Anant Mane ..Petitioner versus Shri D.N.Jadhav & Others ..Respondents Mr.U.N.Tripathi for the Petitioners Mr.D.S.Mhaispurkar, APP for the State CORAM : B.H.MARLAPALLE & CORAM : B.H.MARLAPALLE & CORAM : B.H.MARLAPALLE & R.Y.GANOO, JJ. R.Y.GANOO, JJ. R.Y.GANOO, JJ. DATED : 20th June, 2008. DATED : 20th June, 2008. DATED : 20th June, 2008. P.C. 1. Heard Mr. Tripathi, learned Counsel for the applicants, both of whom are the detenues under the MPDA Act. The prayer made in these two applications is common and therefore the applications are being decided by this Common -2- Order. 2. The petitioners claim that they require home food to be allowed by the Authorities of the Central Prison at Nashik/Thane. Mr. Tripathi has invited our attention to Rule 9(iii) of Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers and Drug Offender (Conditions of Detention) Order 1981, which reads as under: "Detenue shall be allowed to receive home food, subject to search by such police officer or jail officer as may be authorised in this behalf by the Commissioner or the Superintendent" We, therefore, do not find any reason why the petitioner should be denied the facility of home food. Mr. Mhaispurkar, therefore, conceded that if the petitioners approach the Superintendent of the concerned Jail for permission to allow them to receive home food, the same shall be allowed as per Rule 9(iii) as quoted herein above. 3. We, therefore, direct that if the petitioners approach the concerned Superintendent of the Jail to seek permission, the same shall be granted forthwith subject to the conditions set out -3- in Rule 9(iii). 4. Both the applications are disposed off in terms of the above directions. (R.Y.Ganoo, J.) (R.Y.Ganoo, J.) (R.Y.Ganoo, J.) (B.H.Marlapalle, J.) (B.H.Marlapalle, J.) (B.H.Marlapalle, J.)