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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
A.S.Gadkari, Ranjitsinha Raja Bhonsale
Aman @ Amaan Jamir Shaikh – Appellant
Versus
Commissioner of Police, Pune City – Respondent
JUDGMENT :
RANJITSINHA RAJA BHONSALE, J.
1) By the present Petition, the Petitioner has invoked the Writ jurisdiction of this Court under Article 226 and 227 of the Constitution of India, seeking quashing of the Order of Detention dated 21st October 2024, being No.Crime/PCB/DET/SAHAKARNAGAR/ SHAIKH/ 843/2024 (Detention Order) passed by the Commissioner of Police, Pune City, Pune i.e the Respondent No.1, 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”). The Petitioner being detained under the said Detention Order, seeks a direction for being released and set at liberty.
2) By an Order dated 7th April 2025, this Court has issued Rule in the petition. The Commissioner of Police, Pune City i.e Respondent No.1 has filed a detailed Affidavit-in reply dated 9th May 2025 dealing with the various contentions/grounds and opposed the Petition. The Superintendent, Akola District Prison Class-1, Akola i.e Respondent No.3 has also filed an Affidavit–in–reply dated 10th April 2025 opposing the Petiti
Preventive detention must be justified by recent criminal actions that pose a clear threat to public order; reliance on stale offences is insufficient without a direct nexus.
(1) Preventive detention – It is not open to detaining authority to simply refer to stale incidents and hold them as basis of order of detention.(2) Preventive detention – Disorderly behaviour of a p....
Point of Law : Preventive Detention - Criminal activities by using deadly weapons - Detention order quashed - There is no material which would justify inference that activities indulged in by petitio....
The validity of a detention order can be upheld even when the detainee is in custody, provided the Detaining Authority shows a likelihood of future harmful conduct upon release on bail.
The detention order must be based on sufficient and justifiable evidence to prevent acts prejudicial to public order.
Preventive Detention – Dangerous Person – Detention order set aside - It is well settled that subjective satisfaction requisite on part of detaining authority, formation of which is a condition prece....
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 detention under the Maharashtra Prevention of Dangerous Activities Act can be justified based on a combination of criminal allegations and in-camera witness statements, emp....
Criminal activities - Detention order - Both predicate offences, in our view, do not shed light on the activities, which had propensity to cause or calculated to cause harm, danger or alarm or a feel....
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 ....
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