The main legal point established in the judgment is that the detaining authority must have the relevant documents, such as the bail application and the bail order, before him for consideration when issuing a detention order, as the absence of these documents impairs the detenu's right to make an effective representation and renders the detention order invalid.

Headnote:
Detention Order - Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders and Dangerous Persons Act, 1981 (Amendment of 1996) - Section 3 - [Section 3 of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders and Dangerous Persons Act, 1981 (Amendment of 1996)] - The court quashed the detention order on the basis that the detaining authority did not have the relevant documents, such as the bail application and the bail order, before him for consideration, which impaired the detenu's right to make an effective representation and vitiated the order of detention.
Fact of the Case:

The petitioner detenu challenged the detention order passed by the Commissioner of Police, Nagpur, under section 3 of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders and Dangerous Persons Act, 1981 (Amendment of 1996). The petitioner argued that the order of detention was vitiated as the relevant documents, namely the bail application and the bail order, were not filed or supplied to the detenu.
Finding of the Court:

The court found that the detaining authority did not have the relevant documents, such as the bail application and the bail order, before him for consideration, which impaired the detenu's right to make an effective representation. As a result, the court quashed the detention order and ordered the detenu's release.
Issues: The issues revolved around the validity of the detention order under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders and Dangerous Persons Act, 1981 (Amendment of 1996), specifically concerning the absence of the bail application and bail order before the detaining authority.
Ratio Decidendi: The court held that the detaining authority must have the relevant documents, such as the bail application and the bail order, before him for consideration when issuing a detention order. The absence of these documents impaired the detenu's right to make an effective representation, rendering the detention order invalid.
Final Decision: The court quashed the detention order and ordered the detenu's release, as the detaining authority did not have the relevant documents before him for consideration, impairing the detenu's right to make an effective representation.

JUDGMENT - P.S. BRAHME, J.:---Through this writ petition preferred under Article 226 of the Constitution of India, the petitioner detenu has impugned the detention order dated 11th September, 2001 passed by the second respondent- the Commissioner of Police, Nagpur, under sub-section (1) of section 3 of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders and Dangerous Persons Act, 1981 (Amendment of 1996) (Maharashtra Act No. L.V. of 1981).

2. The detention order along with the grounds of detention dated 11th September, 2001, was served on the detenu on 9-10-2001 and their true copies are annexed as Annexures I and II respectively to this writ petition.

3. We have heard the learned Counsel for the parties. Mr. Jaiswal, the learned Counsel for the petitioner though raised several grounds running from (A) to (T) in the petition, he pressed in service only one ground mentioned in para (I) of the petition.

4. Ground I- The petitioner submits that the petitioner has been released on bail and order of bail passed with certain conditions, further order of P.C.R. and M.C.R. Though these are vital and material documents, the same are not filed (bail application, say of public prosecutor and bail order). Hence on this count alone the proceedings are vitiated and order is liable to be set aside.

5. The respondent No. 2 filed his return and this ground No. I is replied as under:

"The documents related to P.C.R. and M.C.R. have been supplied to the detenu which are listed in index "B" on page Nos. 69, 70, 79 and 80. The necessary documents related to bail are issued in index "B" from page Nos. 122 to 140, which have already been supplied to the petitioner. The detention order being legal should be maintained."

6. The learned A.P.P. submits that the relevant documents have been supplied as stated by respondent No. 2 in his return.

7. It is common ground that when the second respondent passed impugned order against the detenu, the detenu was on bail in a case under sections 302, 147, 148 of the Indian Penal Code. It is pertinent to note that it was this case against the petitioner which was the basis of the detention of the petitioner under the impugned order and the copy of the bail application of the detenu and the bail order were neither before the Detaining Authority nor the copies were supplied to the detenu. If that is so, then the order of detention is rendered bad as it basically affects the subjective satisfaction of the Detaining Authority for want of relevant documents namely the bail application and the order thereon.

8. The Apex Court in A.I.R. 1991 Supreme Court page 2261 in (Abdul Sathar Ibrahim Manik v. Union of India)1, has observed that in case when detenu is released on bail and is at liberty, at the time of passing of detention order, then Detaining Authority has to necessarily rely upon them as that would be a vital ground for ordering detention order. In such a case, the bail application and the order granting bail should necessarily be placed before the authorities and the copies should be supplied to the detenu.

9. This Court in catena of decisions has held that even the copy of the bail application of the detenu and the bail order are neither placed before the Detaining Authority nor supplied to the detenu by the sponsoring authority, in view of the ratio laid down by the Apex Court in the case of Abdul Sathar Manik (cited supra), the detenu's right to make effective representation, is impaired and that vitiates the order of detention.

10. This Court in a recent decision in Criminal Writ Petition No. 133 of 2001, in (Pramila w/o Narayanrao Mohite v. Shri B.N. Mishra, Commissioner of Police, Nagpur and another)2, has taken a consistent view placing reliance on the decision of the Apex Court in Abdul Sathar Ibrahim Manik (cited supra), and held that the order of detention is rendered bad as the Detaining Authority had no opportunity to consider the relevant documents such as bail a

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