2025:BHC-AS:20112-DB IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 710 OF 2025 Atish Arun Chandne Age 20 years Near Padmajapark, S.R.A. Building A wing, Room No. 109, Laketown Building Katraj, Pune (At present Chandrapur Central Prison) …..Petitioner Versus

1. Commissioner Of Police, Pune City

2. The State of Maharashtra

3. The Superintendent Chandrapur Central Prison .….Respondents -----

Ms. Jayshree Tripathi a/w Ms. Anjali Raut - Advocate for the Petitioner.

Mr. S. V. Gavand - APP for the Respondent-State.

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CORAM : SARANG V. KOTWAL &

S.M. MODAK, JJ.

DATE : 25^th APRIL 2025 JUDGMENT : (Per SARANG V. KOTWAL, J.)

1. Heard learned Counsel Ms. Tripathi for the Petitioner and learned APP Shri Gavand for the Respondent-State.

Digitally signed by SEEMA S KE SE HM ITA IJ 1 of 12 KSHITIJ YELKAR YELKAR D 20a 2te 5: .05.03 Seema +0530

2. The Petitioner has challenged the detention order dated 07.08.2024 bearing no. CRIMEPCB/DET/BHRATIVIDYAPITH/ CHANDNE/636/2024 issued under Section 3 of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders, Dangerous Persons, Video Pirates, Sand Smugglers and Persons engaged in Black-marketing Essential Commodities Act, 1981 (for short M.P.D.A.).

3. The detenue was served with a committal order on the same date. The Petitioner was also served with grounds of detention dated 07.08.2024. The grounds of detention were translated into Marathi, and were also served on the Petitioner.

4. The grounds of the detention are divided into different paragraphs. In paragraph no. 3, the Detaining Authority i.e. the Respondent No. 1- the Commissioner of Police, Pune City has mentioned the past offences i.e. CR No. 183 of 2022 registered at Bibvewadi Police Station and CR No. 543 of 2023 registered at Bharti Vidyapeeth Police Station in the year 2022 and 2023 respectively.

5. The paragraph No. 3.2 refers to the two preventive actions taken against the detenue. The first is Chapter case bearing No. 163 of 2023 at the instance of Bibvewadi Police Station under Section 110 (g) of the Criminal Procedure Code dated 13.02.2023, and the other important preventive action is an externment order bearing No. 15 of 2024 dated 23.05.2024 issued under Section 56 (1)(a)(b) of the Maharashtra Police Act. Vide that order dated 23.05.2024, the Petitioner was externed from the area of Pune and Pimpri Chinchwad Police Commissionerate and Pune district for the period of two years. That order was passed by the Deputy Commissioner of Police, Zone-II, Pune City.

6. In paragraph no. 5, the Respondent No. 1 has referred to the offences considered for passing the detention order. Apart from those registered offences, the Detaining Authority has also relied on two in-camera statements mentioned in paragraph nos. 6.1 and 6.2.

7. In paragraph no. 4 of the grounds, he has clearly stated that he has considered the two offences and two in-camera statements of Witnesses A and B. The two registered offences are :-

(i) C.R. No. 134 of 2024 registered at Bharti Vidyapeeth Police Station dated 11.02.2024, under Sections 324, 323, 506, 504 read with 34 of the Indian Penal Code and under Section 4 (25) of the Arms Act and under Section 37 (1)(3)/135, 142 of the Maharashtra Police Act.

In this case, the Petitioner was not arrested, but he was served with a notice under Section 41 (A)(1) of the Criminal Procedure Code.

(ii) C.R. No. 534 of 2024 registered at Bharti Vidyapeeth Police Station dated 24.06.2024 under Section 4 (25) of the Arms Act and under Section 37 (1) (3)/135, 142 of the Maharashtra Police Act and under Section 7 of the Criminal Law Amendment Act.

8. CR No. 134 of 2024 mentions about the incident dated 10.02.2024 that had taken place at around 10 p.m.. The Petitioner’s father had some quarrel with the first informant. In that case the informant was beaten by the Petitioner’s father. The Petitioner came there and assaulted on the informant’s head with iron rod causing