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2022 Supreme(Bom) 1301

PRASANNA B.VARALE, S.M.MODAK
Dinesh Kisan Wanjale – Appellant
Versus
State Of Maharashtra – Respondent


Advocates appeared:
R. M. Haridas, Advocate, Sachin M. Bhavar, Advocate, S. D. Shinde, Advocate

JUDGMENT

S. M. Modak, J. - The only issue involved in this Writ Petition is whether there was a sufficient material available before Detaining authority i.e. Commissioner of Police Pune City while detaining the Petitioner. as per the Order dated 20th July 2021, for the period of two years the Petitioner is detained in Yerwada Central Prison.

2. We have heard Mr. R. M. Haridas, the learned counsel for the Petitioner and Mrs. S. D. Shinde, learned aPP for the Respondent-State.

3. The materials which were considered by the Detaining authority consist of two offences registered at the Uttam Nagar Police Station on 23 rd January, 2021 and 5th March 2021. apart from that, there were statements of two witnesses recorded on 5th March 2021 and 2nd april 2021. Earlier to these offences, there was an offence registered with the same Police Station on 5th april 2019. Thereafter, action was initiated against the Petitioner under Section 107 of Code of Criminal Procedure. The Detaining authorities contend that this preventing action has not deterred the Petitioner from committing further offences and he did committed two offences in the year 2021.

4. The proposal for initiating action under Maharash

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