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BOMBAY HIGH COURT
RAJU S/O SONU GADAGE – Appellant
Versus
THE STATE OF MAHARASHTRA AND OTHERS – Respondent
JUDGMENT :
(Vibha Kankanwadi, J.)
1. Heard learned Advocate Mr. U. B. Bilolikar for the petitioner and learned APP Mr. A. D. Wange 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 15.07.2024 bearing No. 2024/RB-1/Desk-2/T-4/MPDA/CR-47 passed by respondent No.2 as well as the approval order dated 25.07.2024 and the confirmation order dated 30.08.2024 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 though several offences were registered against the petitioner, yet for the purpose of passing the impugned order, four offences were considered i.e. (i) Crime No.13 of 2024 registered with Inspector, State Excise, Biloli Division, Nanded, (ii) Crime No.66 of 2024 registered with Inspector, State Excise, Flying Squad, Nanded, (iii) Crime No.52 of 2024 registered with I
Detention orders require strict compliance with legal standards, including a clear subjective satisfaction by the detaining authority, which was not met in this case.
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Detention orders require strict compliance with legal standards, and reliance on outdated offences without current danger is insufficient for justifying detention.
Detention orders require strict compliance with procedural safeguards, and insufficient evidence undermines the justification for categorizing an individual as a dangerous person.
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 must be based on verified evidence and proper consideration of a petitioner's rights, failing which they are deemed illegal.
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 orders must be based on sufficient material demonstrating a threat to public order, and arbitrary or capricious exercise of power renders such orders illegal.
Preventive detention requires clear evidence of public order disturbance; failure to meet this standard renders the detention order illegal.
Preventive detention requires credible evidence linking the detainee's actions to public order threats; absence of such evidence invalidates the detention order.
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