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ROHIT B. DEO, URMILA JOSHI-PHALKE
Sachin Gajananrao Telgote – Appellant
Versus
State Of Maharashtra – Respondent
JUDGMENT
Urmila Joshi-Phalke, J. - Heard learned counsel Shri U.J.Deshpande for the petitioner and learned Additional Public Prosecutor Shri S.S.Doifode for respondents/State. Rule. Rule made returnable forthwith and heard finally.
2. On 8.4.2022, Police Inspector of Akot City Police Station submitted a proposal to respondent No.2 - the Collector and District Magistrate, Akola, contending that the petitioner/detenu is a dangerous person for the society. It is alleged that the detenu along with his associates was roaming around the area within the jurisdiction of Akot Police Station and habitually committed serious offences like assaults, extortions, robberies, lands/property grabbing armed with deadly weapon like knife. It is further alleged that the activities of the petitioner/detenu caused alarm and insecurity amonst the general public and, therefore, preventive proceedings under Section 110 of the Code of Criminal Procedure were also initiated against the petitioner/detenu. It is alleged that as the law of the land is found to be insufficient and ineffective to deter the petitioner/detenu from indulging in criminal activities prejudicial to the maintenance of the public order, pr
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....
(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 detention order must be based on sufficient and justifiable evidence to prevent acts prejudicial to public 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....
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....
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 satisfaction of the authorities under Section 3 of the Andhra Pradesh Prevention of Dangerous Activities of Boot Leggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic offenders and Land Grab....
Preventive detention must be justified by recent criminal actions that pose a clear threat to public order; reliance on stale offences is insufficient without a direct nexus.
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....
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