IMPORTANT POINT
Preventive detention – Detaining authority is not required to specify period for which detenu is required to be detained.

JUDGMENT

M.R. Shah, J.

Delay condoned. Leave granted.

2. Feeling aggrieved and dissatisfied with the impugned Judgment and Order dated 26.03.2019 passed by the High Court of Judicature at Bombay, Bench at Aurangabad, in Criminal Writ Petition No. 155 of 2019, by which the High Court has quashed and set aside the order dated 15.10.2018 passed by the Commissioner of Police, Aurangabad under Sections 3(1) and (2) of 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 (hereinafter referred to as the Act) and also the order of confirmation of the order of detention made by the State Government, the detaining authority has preferred the present appeal.

3. That in exercise of powers under Sections 3(1) and (2) of the Act, the Commissioner of Police, Aurangabad passed an order to detain the respondent herein treating and considering the respondent as a 'dangerous person'. The respondent herein was served with the grounds of detention. The order of detention was approved by the State Government. The matter was referred to the Advisory Board. The Advisory Board gave the opinion that there was sufficient cause for preventive detention of the respondent-detenu. That, thereafter the detention order was approved by the State Government. The detention order passed by the detaining authority, approved by the State Government, came to be challenged by the respondent herein before the High Court. That, by the impugned Judgment and Order, the High Court has set aside the detention order on merits as well as on the ground that the order of detention prescribing the detention for 12 months is in breach of Section 3 of the Act. Feeling aggrieved with the impugned Judgment and Order passed by the High Court, the detaining authority has preferred this appeal.

4. Though served, nobody has remained present on behalf of the respondent-detenu. Shri Nishant Ramakantrao Katneshwarkar, learned counsel appearing on behalf of the State-detaining authority has vehemently submitted that so far as one of the grounds on which the High Court has set aside the detention order, namely, that the detention order prescribing the detention for 12 months is contrary to Section 3 of the Act, is not sustainable at law. It is submitted that the said finding is contrary to the law laid down by this Court in the case of T. Devaki vs. Government of Tamil Nadu, (1990) 2 SCC 456.

4.1 It is vehemently submitted by Shri Katneshwarkar, learned counsel appearing on behalf of the State that while holding that the detention order is in breach of Section 3 of the Act, the High Court has not properly appreciated and/or considered the scope and ambit of Section 3 and Section 13 of the Act. It is submitted that the High Court has not considered Section 3 of the Act in its proper perspective. It is submitted that Section 3(2) of the Act refers to delegation of powers to the District Magistrate or the Commissioner of Police to detain a person under Section 3(1) of the Act and not with respect to the period of detention to be mentioned in the detention order. It is submitted that, as per Section 13 of the Act, a person can be detained for such period not exceeding the maximum period of 12 months from the date of detention. It is submitted that neither Section 3 nor Section 13 of the Act mandates the detaining authority to specify the period for which the detenu is required to be detained. In support of his above submissions, Mr. Katneshwarkar, learned counsel appearing on behalf of the State has heavily relied upon para 10 of the decision of this Court in T. Devaki (supra).

5. We have heard learned counsel appearing on behalf of the State at length.

5.1 Now, so far as the impugned Judgment and Order passed by the High Court quashing and setting aside the order of detention is concerned, having gone through the impugned Judgment and Order