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IN THE HIGH COURT OF JUDICATURE AT BOMBAY AT AURANGABAD BENCH
VIBHA KANKANWADI, SANJAY A. DESHMUKH, JJ.
Rani Shankar Kale - Petitioner
Versus
The State of Maharashtra, Through its Secretary, Home Department & Ors. - Respondents
Criminal Writ Petition No. 2067 of 2024
Decided On : 05-02-2025
(A) Constitution of India - Article 226 - Maharashtra Prohibition Act, 1949 - Detention order challenged on grounds of lack of live link and insufficient evidence to categorize petitioner as a dangerous person or bootlegger - Detaining authority considered eight offences but failed to establish a connection to current public order threats - The court emphasized the necessity of strict compliance with legal standards for detention orders. (Paras 3, 7, 10)
(B) Detention Orders - The court reiterated that illegal detention orders cannot be sustained and that there must be a live link to justify detention based on past offences. (Paras 7, 10)
Facts of the case:
The petitioner challenged a detention order based on eight offences under the Maharashtra Prohibition Act, arguing that the detaining authority lacked sufficient evidence and that the offences were not recent enough to justify the detention.
Findings of Court:
The court found that the detaining authority did not have adequate material to justify the detention order, as the offences were not linked to a current threat to public order.
Issues: The main issues were whether the detaining authority had sufficient evidence to justify the detention and whether there was a live link between the offences and the current public order situation.
Ratio Decidendi: The court ruled that the detaining authority failed to establish a live link and that the evidence presented did not justify the classification of the petitioner as a dangerous person or bootlegger.
Result: The Writ Petition stands allowed; the detention order is quashed and set aside.
JUDGMENT :
(Vibha Kankanwadi, J.)
1. Heard learned Advocate Mr. A. V. Indrale for the petitioner and learned APP Mr. A. M. Phule for the respondents – State.
2. Rule. Rule made returnable forthwith. The petition is heard finally with the consent of the learned Advocates for the parties.
3. The petitioner challenges the detention order dated 29.11.2024 bearing D.O. No.2024/DC/MAG-3/KAVI-490 passed by respondent No.2 as well as the approval order dated 09.12.2024 and the confirmation order dated 11.10.2024 passed by respondent No.1, by invoking the powers of this Court under Article 226 of the Constitution of India.
4. Learned Advocate for the petitioner has taken us through the impugned orders and the material which was supplied to the petitioner by the detaining authority after passing of the order. He submits that the detaining authority has considered all the eight offences for passing the impugned order i.e. (i) Crime No.51 of 2022 dated 04.02.2022, (ii) Crime No.122 of 2022 dated 13.04.2022, (iii) Crime No.271 of 2022 dated 15.07.2022, (iv) Crime No.319 of 2022 dated 19.08.2022, (v) Crime No.323 of 2023 dated 15.07.2023, (vi) Crime No.519 of 2023 dated 13.12.2023, (vii) Crime No.84 of 2024 dated 21.02.2024 and (viii) Crime No.359 of 2024 dated 02.10.2024. All these offences were registered with Kalamb Police Station, District Dharashiv for the offence punishable under Section 65(e) of the Maharashtra Prohibition Act. Learned Advocate for the petitioner submits that the impugned order suffers from live link. The petitioner is involved in eight offences since 2022 and all the offences have been considered by the detaining authority for passing the detention order, which is illegal. He further submits that only in respect of Crime No.51 of 2022 and Crime No.319 of 2022, CA Reports have been received and in respect of other six offences, CA reports were not received. He further submits that in all the offences the petitioner was given notice under Section 41(1)(a) of the Code of Criminal Procedure and was not arrested at all. As regards the statements of in-camera witnesses ‘A’ and ‘B’ are concerned, the incident in both the cases are personal in nature. At the most law and order situation would have been created. Therefore, the impugned order is illegal and cannot be allowed to sustain.
5. Per contra, the learned APP strongly supports the action taken against the petitioner. He submits that the petitioner is a dangerous person as defined under Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug-Offenders, Dangerous Persons and Video Pirates Act, 1981 (hereinafter referred to as the “MPDA Act”). The detaining authority has relied on the two in-camera statements and the subjective satisfaction has been arrived at. There is no illegality in the procedure adopted while recording the in-camera statements of the witnesses. Due to the terror created by the petitioner, people are not coming forward to lodge report against him and, therefore, it affects the public order. Learned APP relies on the affidavit-in- reply of Dr. Sachin Ombase, the District Magistrate, Dharashiv/detaining authority. He supports the detention order passed by him and tries to demonstrate as to how he had arrived at the subjective satisfaction. He further states that his order has been approved by the State Government and also by the Advisory Board. Thereafter, the confirmation has been given. The material before the detaining authority was sufficient to arrive at a conclusion that the petitioner was undertaking bootlegging activities and the liquor that was seized from him in some of the matters contain ethyl alcohol. Further, the statements of in- camera witnesses ‘A’ and ‘B’ show that ordinary law would not have curtailed the bootlegging activities of the petitioner. Therefore, no fault can be found in the impugned order.
6. Before considering the case, we would like to take note of the legal position as is emerging in the following decis
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 require strict compliance with legal standards, including a clear subjective satisfaction by the detaining authority, which was not met in this case.
Preventive detention requires credible evidence linking the detainee's actions to public order threats; absence of such evidence invalidates the detention 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.
Detention orders require a clear nexus between past offences and current threats to public order, with strict adherence to legal standards for justifying detention.
Detention orders require strict compliance with legal standards, and reliance on outdated offences without current danger is insufficient for justifying detention.
Detention orders must be based on verified evidence and proper consideration of a petitioner's rights, failing which they are deemed illegal.
Detention orders must rely on current and relevant material; reliance on stale offences and absence of crucial reports vitiates the order.
Detention orders require strict compliance with procedural safeguards, and insufficient evidence undermines the justification for categorizing an individual as a dangerous person.
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.
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