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MANGESH S. PATIL, ABHAY S. WAGHWASE
Avinash @ Balu Atmaram More – Appellant
Versus
State of Maharashtra, Through Deputy Secretary, Home Department (Special) – Respondent
JUDGMENT :
Mangesh S. Patil, J.
Heard.
2. Rule. Rule is made returnable forthwith. At the request of both the sides, the matter is heard finally at the stage of admission.
3. The petitioner is challenging the order of his detention passed under section 3(2) of the 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 MPDA Act) dated 07-06-2022.
4. The learned advocate Mr. Ambilwade for the petitioner would submit that the impugned order is grossly illegal on variety of grounds. The subjective satisfaction arrived at by the detaining authority is not based on proper appreciation of the circumstances and the material. Though the statements of couple of individuals have been recorded in-camera, the detaining authority has not verified the correctness of their statements and has not even verified if really they were not willing to testify. The offence which forms the basis for the authorities to initiate action under the MPDA Act was an agitation for a public cause. There is even delay in recording the in-camera state
The main legal point established is the necessity for strict adherence to statutory procedures and genuine satisfaction based on material in preventive detention cases.
Preventive detention – Even a delay of single day in placing order of detention before Advisory Board should be treated as fatal as it runs contrary to constitutional principles and legislative manda....
Compliance with formalities prescribed by the MPDA Act, opportunity of making representation, and valid subjective satisfaction of the Detaining Authority are crucial for upholding a 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....
Detaining authorities must address representations in preventive detention cases without undue delay to comply with constitutional mandates, or the detention order becomes invalid.
The central legal point established in the judgment is the importance of proper verification of In-camera statements of witnesses and the communication of such verification to the Detenu to enable hi....
Unexplained delay in passing the detention order vitiates the order, and non-compliance with the requirement of law under the M.P.D.A. Act renders the detention order legally unsustainable.
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