Back
A. S. GADKARI, PRAKASH D. NAIK
Ram @ Pappu Arun Kore – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
PRAKASH D. NAIK, J.
1. Petitioner has invoked writ jurisdiction of this Court under Article 226 of Constitution of India and assailed the Order of Detention dated 27th April, 2022 issued by the Respondent No. 2 under the provisions of 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 (for short ‘M.P.D.A. Act’) directing that, the Petitioner be detained with a view to prevent him from acting in any manner prejudicial to the maintenance of public order. The grounds of detention dated 27th April, 2022 on the basis of which the Impugned Order of Detention was issued and the documents relied upon by the Detaining Authority were supplied to the Petitioner/detenu.
2. The grounds of detention stipulate that the Impugned Order of Detention is based on the offence registered against the Petitioner vide C.R. No. 138 of 2022 with Faujdar Chawadi Police Station on 7th March, 2022 under Sections 143, 144, 147, 148, 149, 336, 327, 354, 452, 323, 324 of Indian Penal Code (for short ‘IPC’) r/w Sections 4 and 25 of Indian Arms Act.
The judgment established the importance of the impact on public order and the requirement for the detaining authority to provide a reasonable explanation for any delay in issuing the detention order.
Criminal activities - Detention order - Both predicate offences, in our view, do not shed light on the activities, which had propensity to cause or calculated to cause harm, danger or alarm or a feel....
(1) Preventive detention – It is not open to detaining authority to simply refer to stale incidents and hold them as basis of order of detention.(2) Preventive detention – Disorderly behaviour of a p....
The distinction between 'law and order' and 'public order' is crucial in determining the impact of incidents on public order and the validity of detention under the M.P.D.A. Act.
The detention order must be based on material that constitutes a breach of public order, and the authority must record its subjective satisfaction on the basis of consideration of material before it.
The judgment establishes the importance of a clear nexus between alleged activities and disturbance of public order to justify preventive detention under the MPD Act, emphasizing the need for subject....
The detention order must be based on sufficient and justifiable evidence to prevent acts prejudicial to public order.
The main legal point established is that the impugned detention order was based on specific cases and witness statements, and the delay in issuing the order was properly explained by the detaining Au....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
