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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
A. S. GADKARI, RANJITSINHA RAJA BHONSALE
Avinash Gopal Shilimkar – Appellant
Versus
State of Maharashtra, Through Additional Chief Secretary to Government of Maharashtra, Home Department (Special) – Respondent
| Table of Content |
|---|
| 1. quashing of order of detention (Para 1) |
| 2. challenge on verification of in-camera statements (Para 4) |
| 3. response to challenges against detention order (Para 5 , 8 , 10) |
| 4. court's observations on verification and adherence to procedures (Para 6 , 7 , 9 , 11 , 12) |
| 5. dismissal of petition (Para 13) |
JUDGMENT:
RANJITSINHA RAJA BHONSALE, J
1) By this Petition, under Article 226 of the Constitution of India, the Petitioner seeks quashing of the Order of Detention dated 26th December, 2024, being O. W. No. CRIME PCB/DET/NANDED CITY/SHILIMKAR/1041/ 2024 (Detention Order) passed by the Respondent No.2, under Section 3(2) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders, Dangerous Persons, Video Pirates, Sand Smugglers and Persons engaged in Black Marketing of Essential Commodities Act, 1981 (“MPDA Act”) and of the Committal Order of even date whereby the Petitioner has been detained in the Akola District Prison, Akola. The Petitioner prays that, he be released and set at liberty.
2) By an Order dated 2nd May 2025, this Court has issued Rule in the petition. The Respondent Authorities have filed their Affidavits-in-Reply, wherein th
Verification of in-camera statements by an officer rather than the Detaining Authority itself suffices under the law, maintaining procedural safeguards in preventive detention matters.
A solitary act cannot constitute habitual offending under the MPDA Act, and discrepancies in witness statements can violate a detainee's right to make an effective representation, leading to the quas....
Errors in translation must prejudicially affect the right of the detenue to make an effective representation.
order of detention - Challenged - Once detenu has been informed suffcient particulars of material allegations against him so as to enable him to make an effective representation there is no merit in ....
The subjective satisfaction of the detaining authority and the relevance of recent criminal activities and in-camera statements were central to the court's decision.
The detaining authority must satisfactorily explain any delay in passing a detention order and must apply its mind and arrive at subjective satisfaction based on the grounds of detention.
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 court established that a detention order can be upheld despite delays if the detaining authority provides satisfactory explanations and demonstrates a live link between the incidents and the orde....
Preventive detention requires objective satisfaction by authorities based on relevant material demonstrating a clear threat to public order; mere past conduct without a live link to present behavior ....
Documents and materials relied upon in the order of detention formed an integral part of the grounds and must be supplied to the detenue pari passu the grounds of detention.
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