IMPORTANT POINT
The failure of the detaining authority to consider the reasons for bail granted by the Sessions Court constitutes non-application of mind, which invalidates the detention order under the MPDA Act.

JUDGMENT/ORDER

GAURI GODSE, J. - This petition is filed to challenge the order of detention dtd. 7/2/2023 passed by the Respondent No.1- Commissioner of Police, Pune City, Pune, against the petitioner in the exercise of the powers under sub-sec. 2 of Sec. 3 of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders, Dangerous Persons, Video Pirates, Sand Smugglers and Persons engaged in Blackmarketing Essential Commodities Act, 1981 ('MPDA Act').

2. Respondent No.1, while passing the order of detention, has relied upon one CR bearing No. 258 of 2022, registered against the petitioner on 26/10/2022 for the offences punishable under Sec. 307, 504, 506 of IPC and Sec. 37 (1)(3)/135 of Maharashtra Police Act and under Sec. 4(25) of Arms Act. The order of detention indicates that the allegation in the said CR against the petitioner is that he had abused the complainant and created terror by taking out an iron sickle hidden in his shirt with the intention to kill and brandishing it on the complainant's head. The detaining authority has further referred to the statements of the witnesses recorded during the investigation. The detention order further reveals that the petitioner was arrested on 28/10/2022 and was remanded to police custody on 31/10/2022 and, thereafter, remanded to judicial custody till 13/11/2022. The petitioner was granted bail on 23/11/2022, and the CR registered against the petitioner is under investigation.

3. The detaining authority has reproduced the gist of the incamera statements, which refer to the incidents of 24/10/2022 and 22/10/2022. The gist of the in-camera statements reveals that the witness alleged that the petitioner have abused and assaulted them for money and created terror.

4. The learned counsel for the petitioner has raised various grounds in the petition. However, pressed into the ground raised in clause(g) of paragraph 5 of the petition, which reads as under:-

" (g) The Petitioner says and submits that in the solitary relied on C.R. for passing the detention order i.e C.R. No. 258 of 2022, the Petitioner was granted bail by the Hon'ble Ld Sessions Judge, Pune on 23/11/2022. (Annexed at EXHIBIT-G). The Hon'ble Sessions Judge granted bail to the Petitioner placing his reliance on an (Exhibit-5) which had information that the Complainant sustained injuries due to "skid and fall from bike', there was also a discharge card taken into consideration. The Petitioner says and submits that this vital aspect considered by the Sessions Court has not been taken into consideration by the detaining authority even through the bail order was placed before the detaining authority. The Petitioner says and submits that failure to consider this vital aspect/ reason by the Ld. Sessions Judge while granting bail to the Petitioner cannot be without substance while arriving at his subjective satisfaction and pass the said detention order. This amounts to non-application mind of the detaining authority. The order of detention is illegal and bad-in-law for nonapplication of mind, liable to be quashed and set aside."

5. Learned counsel for the petitioner submitted that the learned Sessions Judge while granting bail to the petitioner, has relied upon the Injury Certificate, which had information that the complainant had sustained injuries due to 'skid and fall from bike'. She further submitted that this vital aspect considered in the order granting bail is not taken into consideration by the detaining authority even though the copy of the order was placed before the detaining authority. Learned counsel, thus, submitted that failure on the part of the detaining authority not to consider this vital aspect relied upon by the learned Sessions Judge while granting bail to the petitioner shows non-application of mind by the detaining authority. She, thus, submitted that ignoring such a vital aspect shows non-application of mind and thus, subjective satisfaction recorded by the detaining authority