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A. S. GADKARI, PRAKASH D. NAIK
Sachin @ Bobby Sambhaji Shinde – Appellant
Versus
Amitabh Gupta – Respondent
JUDGMENT
Prakash D. Naik, J. - The Petitioner has challenged the Order of Detention dated 12th July 2022 issued by the Commissioner of Police, Solapur under 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 (for short, 'M.P.D.A. Act'). The impugned Order has been issued with a view to prevent the detenu from acting in any manner prejudicial to the maintenance of the public Order.
2. Along with the Order of Detention, Petitioner was served upon the Grounds of Detention dated 12th July 2022 and the documents relied upon by the Detaining Authority while issuing the Order of Detention. From the Grounds of Detention it is apparent that, the Detention is based on C.R. No.231 of 2022 registered with Faujdar Chawadi Police Station, Solapur, for offences punishable under Sections 332, 353, 143, 147, 149, 504 & 506 of Indian Penal Code (for short 'IPC') read with Section 142 of Maharashtra Police Act, 1951 and statements of two witnesses recorded in-camera and described as witness 'A' and witness 'B'.
3. Learned Advocate Mr. Sarda
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 detention order must be based on sufficient and justifiable evidence to prevent acts prejudicial to public order.
(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 court affirmed that in-camera statements can be utilized to establish a public order situation for preventive detention under the MPDA Act, and that the subjective satisfaction of the detaining a....
The detention order must record subjective satisfaction on the basis of material placed before it and should not consider extraneous material. The delay in passing the detention order must be properl....
Minor typographical errors in translation and formulation of grounds of detention do not invalidate a detention order if the detaining authority has valid reasons to believe that the detainee's activ....
Preventive Detention – Dangerous Person – Detention order set aside - It is well settled that subjective satisfaction requisite on part of detaining authority, formation of which is a condition prece....
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