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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
S.S. SHINDE, A.M. DHAVALE, JJ.
Manoj @ Sonya - Petitioner
Versus
The Commissioner of Police, Pune and Others - Respondents
Criminal Writ Petition No. 545 of 2017
Decided On : 04-09-2017
MPDA Act - Writ of Habeas Corpus - 1981 (MPDA Act) - Section 3(2) - Section 5A - The court discussed the dangerous activities of the petitioner, the grounds of detention, the recent criminal cases, and the in-camera statements of witnesses. The court analyzed the sufficiency of the evidence and the subjective satisfaction of the Detaining Authority. Key legal provisions such as the definition of dangerous person under the MPDA Act and the requirement for subjective satisfaction were crucial in the court's decision.
Fact of the Case:
The petitioner filed a petition under various articles of the Constitution and the MPDA Act, seeking the quashing of a preventive detention order passed against him by the Commissioner of Police, Pune. The petitioner was involved in dangerous activities, including forming an association of hooligans, using deadly weapons, and robbing individuals.
Finding of the Court:
The court found that the Detaining Authority had sufficient grounds for the detention based on recent criminal cases and in-camera statements of witnesses. The court also addressed the petitioner's challenges regarding the verification of in-camera statements and the live link between the incidents and the date of detention.
Issues: The issues involved the sufficiency of evidence, subjective satisfaction of the Detaining Authority, and the live link between the incidents and the date of detention.
Ratio Decidendi: The court held that the Detaining Authority's reliance on recent criminal cases and in-camera statements was justified. The court also emphasized the importance of subjective satisfaction and the live link between the incidents and the date of detention.
Final Decision: The Criminal Writ Petition was dismissed.
A.M. Dhavale, J.
1. This is a petition filed under Articles 14, 19, 21, 22 and 226 of the Constitution of India and under the provisions 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 “MPDA Act”) for issuance of writ of habeus corpus and thereby quashing the order of preventive detention passed against the petitioner by Commissioner of Police, Pune, on 08.02.2017.
2. The Commissioner of Police, Pune, on 08.02.2017, in exercise of powers conferred by section 3(2) of the MPDA Act and delegated to her by the Government, passed the impugned order of detention of the petitioner and on the same day separate order for committal of the petitioner to the Central Prison at Aurangabad was also passed. The grounds of detention dated 08.02.2017 were annexed and supplied to the petitioner on 11.02.2017. In short, the petitioner was indulging in dangerous activities like terrorizing the people by forming an association of hooligans and using deadly weapons such as pistol, sword, skythe, sattur and knife and robbing persons so that nobody should lodge any complaint or give statement against them. Following is the list of cases registered against the petitioner, out of which five are pending and two chapter cases were initiated against him.
Offences
| Sr. No. | Police Station | Cr. No. | Sections of law | Date & time of registration | Date and time of arrest | Status |
| 1 | Vishranthwadi | 267/2012 | U/s 324, 323, 504, 427, 34 of the IPC | On 21.09.2012 at 09.30 hrs. | On 24.09.2012 at 11.30 hrs. | Court Pending |
| 2 | Vishranthwadi | 115/2013 | U/s 324, 506(1), 34 of the IPC | On 25.03.2013 at 21.40 hrs. | On 17.06.2013 at 21.40 hrs. | Court Pending |
| 3 | Vishranthwadi | 169/2014 | U/s 307, 34 of the IPC; r/w sec. 3/25, 4/25 of the Arms Act, 1959 | On 25.05.2014 at 23.30 hrs. | On 27.05.2014 at 16.45 hrs. | Court pending. |
| 4 | Dighi | 196/2016 | U/s 143, 144, 147, 148, 149, 337 of the IPC; r/w sec. 3/25 of the Arms Act, 1959. | On 01.12.2016 at 02.00 hrs. | On 1.12.2016 at 08.00 hrs. | Court pending. |
| 5 | Dighi | 3002/2017 | U/s 4/25 of the Arms Act, 1959; r/w sec. 37(1)(3)/135 of the Maharashtra Police Act, 1951. | On 10.01.2017 at 20.00 hrs. | On 10.01.2017 at 19.30 hrs. | Under investigation. |
Preventive Actions
| Sr. No. | Police Station | Chapter Case No. | Sections of law | Status |
| 1 | 1 Vishrantwadi | Chapter case no. 188/2012 | U/s 107 of the Cr.P.C. | On 23.11.2012, you had executed a final bond of Rs. 5,000/- with one surety in the like amount for keeping peace for a period of one year with Spl. Executive Magistrate, Khadki Division, Pune City |
| 2 | Dighi | Chapter case no. 15/2016 | U/s 110(e) (g) of the Cr.P.C. | On 30.09.2016, you had executed a final bond of Rs. 10,000/- with one surety in the like amount for good behaviour for a period of two years with Spl. Executive Magistrate, Khadki Division, Pune City. |
3. It is stated that, the petitioner was directed to execute bonds in both the chapter proceedings but, it did not curtail his criminal activities. The Commissioner of Police, being a Detaining Authority, has referred to recent offences committed by the petitioner viz. C.R. No. 196/16 dated 01.12.2016 and C.R. No. 3002/17 dated in her order dated 08.02.2017. She has narrated in detail as to how the petitioner and his accomplice were terrorizing the people by firing rounds of pistol at public places and how the people were scared of him. In the incident dated 10.01.2017, the petitioner was moving brandishing a knife in Kate Colony area and the people fearing the petitioner, had closed their sho
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