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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR
NITIN W. SAMBRE, MRS.VRUSHALI V. JOSHI, JJ.
Akash @ Chakan @ Golu Ajay Motghare – Appellant
Versus
State Of Maharashtra – Respondent
JUDGMENT :
(Vrushali V. Joshi, J.)
Rule. Rule made returnable forthwith. Heard finally with the consent of learned Advocates for the parties.
2. The petitioner/detenu, who is detained in furtherance of an order dated 10.7.2024 passed by respondent No.2/the District Collector, Wardha, has approached this Court praying for quashing and setting aside the said order and to release him forthwith. The petitioner has been detained by respondent No.2, who has confirmed the detention order dated 10.7.2024 by exercising powers conferred under sub-section (2) of Section 3 of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug-Offenders, Dangerous Persons, Video Pirates, Sand Smugglers and Person Engaged in Black Marketing of Essential Commodities Act, 1981 (for short “MPDA Act”) and directed him to be detained at Nagpur Central Prison, Nagpur. The petitioner was served with the grounds of detention on the very same day.
3. Two crimes have been relied upon, in particular, Crime No.402/2024 and Crime No.222/2024 while passing the detention order. Twelve earlier offences alleged to have been committed by the detenu since 2022 to 2024 are also considered by the detainin
Detention orders must rely on current and relevant material; reliance on stale offences and absence of crucial reports vitiates the order.
Detention orders must be based on relevant evidence and objective criteria; absence of chemical analysis reports and reliance on vague witness statements render such orders unsustainable.
Preventive detention requires credible evidence linking the detainee's actions to public order threats; absence of such evidence invalidates the detention order.
The court emphasized the importance of subjective satisfaction, expert opinion, and the adequacy of regular criminal laws in determining the validity of detention under the MPDA Act.
Detention under the Maharashtra Act requires clear evidence that the substance is dangerous to public health; insufficient evidence leads to the quashing of detention orders.
Preventive detention under the M.P.D.A. Act is justified when the detaining authority's subjective satisfaction is based on credible evidence of serious offences affecting public order.
Detention orders require a live link to current public order threats; insufficient evidence to classify an individual as a dangerous person renders the order illegal.
Detention orders must provide compelling reasons when the detenu is already in custody, and all relevant materials must be considered by the detaining authority.
The subjective satisfaction of the detaining authority as regards the acts of the detenu being prejudicial to the interest of the society and public order, is sufficient to justify the preventive det....
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....
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