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IN THE HIGH COURT OF JUDICATURE AT BOMBAY AURANGABAD BENCH
SANDIPKUMAR C.MORE, ABASAHEB D.SHINDE
Santosh @ Chingya Sainath Tarte – Appellant
Versus
District Magistrate, Nanded – Respondent
| Table of Content |
|---|
| 1. challenges to mpda act detention order. (Para 1 , 2 , 3 , 4) |
| 2. bail orders, invalid arms crimes, vague witnesses. (Para 5 , 6 , 7) |
| 3. state defends habitual offender, public order threat. (Para 8 , 9) |
| 4. detaining authority must consider bail conditions. (Para 10 , 11 , 12 , 13 , 14) |
| 5. vague unverified witness statements invalid. (Para 15) |
| 6. arms act needs section 4 notification. (Para 16 , 17 , 18 , 19) |
| 7. public order distinct from law and order. (Para 20 , 21) |
| 8. no live link vitiates preventive detention. (Para 22) |
JUDGMENT :
ABASAHEB D. SHINDE, J.
1. Heard.
2. Rule. Rule is made returnable forthwith. With the consent of the parties Writ Petition is taken up for final hearing at the stage of admission.
3. By this Writ Petition, the petitioner is taking an exception to the detention order and committal order dated 08.08.2025 bearing No.2025/RB-1/Desk-2/T-4/MPDA/CR-48, passed by Respondent No.1-District Magistrate, Nanded in exercise of powers under Section 3 (1) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug-offenders, Dangerous Persons, Video Pirates, Sand Smugglers, Persons Engaged in Black-Marketing of Essential Commodities, I
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 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 necessity to place all material, including orders of granting bail, before the detaining authority to enable them to derive subjective satisfaction for the detention.
(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....
Unexplained 133-day delay from last prejudicial act snaps live link, vitiating preventive detention order. Solitary individualistic offence affects law and order, not public order justifying detentio....
The detention order must be based on compelling reasons, and the detaining authority must supply all material forming the basis of the detention to enable effective representation. Failure to do so r....
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....
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