2004 Supreme(Bom) 644
Bombay High Court
Rajendraprasad Gupta @ Munnabhai @ Rajubhai Surajlal Gupta
vs
R.S. Sharma and Ors.
Appellants : Rajendraprasad Gupta @ Munnabhai @
Rajubhai Surajlal Gupta
Respondents: R.S. Sharma and Ors.
Judgment Date: 23, April, 2004
Citations: 2004-MhLJ-3-801
Judges:S. Radhakrishnan and R.S. Mohite, JJ.
Act Referred
Headnote
Detention - Confirmation - Service of order of confirmation. - Held, there is no statutory under MPDA to serve order of confirmation upon the detenue.
Detention - Confirmation of - Non communication of order - Mistake in wording of communication - Effect. - Held, order of confirmation is distinct from its communication to the detenue. If order of confirmation is not communicated it would be an irregularity not making the detention, otherwise legal, illegal. This a mere mistake in wording of communication would not be itself vitiate the order of confirmation also would not render the detention illegal. 1972 SCC (Cri) 45 - Relied upon.
Detention - Grounds - Material in support need not be considered at this stage. - Held, whether stage is of approval or consideration of representation or confirmation, on each occasion concerned authorities required to apply his mind to relevant material which is required to be considered by law - Afresh.
Detention - Subjective satisfaction - Report of Advisory Board - Order of confirmation stating "approved considering facts of the case". - Held, this shows that authorised officer has arrived on subjective satisfaction on facts of case which he may have obtained on reading grounds of detention and material contents in the file. Court not interested in interfering with subjective satisfaction expressed by Authorised Officer while passing order of confirmation.
Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders and Dangerous Persons Act, 1981 - Sections 3(3) and 12(1) - Detention - Use of judicious mind - Advisory Board confirming order - Order bearing only signature or word ’agreed’ alongwith signature. - Held, orders have been passed without ap plication of mind to all adjudicant factors required to be considered particularly as there is nothing to indicate grounds of detention and supporting material in support thereof were considered by Authorised Officer while passing confirmation orders. Confirmation order quashed and set aside.
Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders and Dangerous Persons Act, 1981 - Sections 3(3) and 12(1) - Detention under - Subjective satisfaction - Report of Advisory Board - Confirmation order stating "approved considering facts of the case". - Held, indication that authorised officer has arrived at subjective satisfaction on facts of case which he may have obtained on reading grounds of detention and material contents in the file. Court not inclined to interfere with subjective satisfaction expressed by Authorised Officer while passing order of confirmation.
Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders and Dangerous Persons Act, 1981 - Sections 3(3) and 12(1) - Detention - Grounds of and supporting material need not be taken into consideration at this stage. - Held, whether it is stage of approval or consideration of representation or confirmation, on each occasion concerned authorised officer’s required to apply his mind to proper material which is required to be considered by law, afresh.
Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders and Dangerous Persons Act, 1981 - Sections 3(3) and 12(1) - Detention - Confirmation there of - Non-communication of order - Mistake in words used in communication - Effect. - Held, order of confirmation is different and distinct from its communication to the detenu. If order of confirmation is not communicated it would be an irregularity which does not make the detention, otherwise legal, illegal. Thus a mere error in wording of communication would not by itself vitiate the order of confirmation and would not render the detention illegal. 1972 SCC (Cri) 45 - Relied upon.
Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders and Dangerous Persons Act, 1981 - Section 3(3) and 12(1) - Detention under - Confirmation thereof - service of order of confirmation on detenu. - Held, absence of statutory requirement under MPDA to serve order of confirmation upon the detenu.
i) In the net result rule in Writ Petition Nos. 1350/2003, 1418/2003, 1431/2003, 1452/2003, 1644/2003, 1829/2003, 1888/2003, 1974/2003, 36/2004, 37/2004, 205/2004, 240/2004, 288/2004 and 1480/2003 is made absolute in terms of prayer Clause (c).
ii) Rule in Criminal Writ Petition No. 1715 of 2003 is made absolute in terms prayer Clauses (a) and (b).
iii) Rule in Criminal Writ Petition No. 472 of 2004 is discharged.
iv) The detenu in all Criminal Writ petitions mentioned in Clauses (i) and (ii) of the order, be set at liberty forthwith if not required in any other criminal cases. The learned A.P.P. for State at this stage prays for stay of the operation of the judgment and order for a short period. She indicates that if the stay for a period of 3 weeks from today, no further extension will be asked from this Court. On this assurance given by the learned A. P. P., we do hereby stay the operation of the Judgment and order for a period of 3 weeks from today. Parties to act on the copy of this order duly authenticated by P.S./Sheristedar of the Court.