2025:BHC-AS:44905-DB IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 3538 OF 2025 Vijay Parbati Sashte ] (Father of the detenue) ] Age :- 42 years, ] R/o. Ramnagar, Dattanagar, ] Warje Malwadi, Pune City ]

Warje, Pune, Maharashtra – 411 058 ] … Petitioner V/s.

1. Commissioner of Police, Pune ] 2. The State of Maharashtra ]

(Through the Secretary Home ] Department (Spl) Mantralaya, Mumbai ]

3. The Superintendent, ]

Wardha Prison, Wardha ] … Respondents _______________________________________

Mr. Jayshree Tripathi a/w Ms. Anjali Raut for Petitioner.

Smt. Madhavi H. Mhatre, A.P.P. for Respondent-State.

_______________________________________

CORAM : A. S. GADKARI AND RANJITSINHA RAJA BHONSALE, JJ.

DATE : 1^st October 2025 JUDGMENT : (Per : A.S. Gadkari, J) :-

1) Petitioner i.e. father of Detenue namely Yash Vijay Sashte has invoked jurisdiction of this Court under Article 226 of the Constitution of India, impugning the Detention Order dated 4^th April 2025, bearing OW. NO./CRIME PCB/DET/WARJE MALWADI/SASHTE/282/2025, issued by the Respondent No.1, the Commissioner of Police, Pune, 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 Essential Commodities Act, 1981 (Maha.Act No.LV of 1981) (Amendment-1996) (Amendment- 2009) (Amendment-2015) (for short “MPDA Act” ). The Petitioner has also impugned the Committal Order dated 4^th April 2025, by which his son i.e.

Yash Sashte has been detained in Wardha Prison, Dist. Wardha.

2) Heard Ms. Tripathi, learned Advocate for Petitioner and Smt. Mhatre, learned APP for Respondent, State. Perused entire record produced before us and the Affidavits of the Respondents/Authorities.

3) Learned Advocate for the Detunue in the Petition has taken a specific ground No. (c) while assailing the Order of Detention. It is stated that, there is a gross delay of more than two months in deciding the representation dated 5^th May 2025, made by the Detenue through his Advocate, by the Respondent No.2 and the said representation is decided on

23^rd July 2025.

4) Perusal of record discloses that, the Detention Order dated 4^th April 2025, along with Committal Order of even date and the Grounds of Detention were served upon the Petitioner on 4^th April 2025, when Detenue was already in judicial custody in C.R. No. 516 of 2024, registered with Warje Malwadi Police Station, Dist. Pune, dated 25^th December 2024, under Sections 109, 115(2), 352, 189(2), 189(4), 191(2), 191(3), 190 of the BNS & Section 4(25) of the Arms Act & Sections 37(1)(3)/135 of the MPA and Section 7 of the Criminal Law Amendment Act. Petitioner was thereafter immediately transferred to judicial custody at Pune Central Prison, Pune in C.R. No. 516 of 2024, registered with Warje Malwadi Police Station. The Detention Order was served upon the Petitioner at Pune Central Prison, Dist. Pune. In pursuance of the Committal Order dated 4^th April 2025, he was immediately transferred to Wardha Prison, Dist. Wardha.

The Detenue thereafter through his Advocate made a detailed representation to the Respondent No.2 i.e. competent Authority of the State. The said representation was sent to the Superintendent of Wardha Prison, Dist. Wardha on 7^th May 2025 by speed post. A photocopy of acknowledgment issued by the Indian Post is at page No. 147 of the Petition. Though, no Authority in their replies have stated about the receipt of the said representation by the Jail Authority at Wardha, the learned APP Smt. Mhatre on instructions fairly stated that, the said representation was received by the Jail Authority at Wardha on 10^th May 2025.

4.1) The Superintendent Wardha Prison, thereafter forwarded the said representation to the State Government by e-mail on 15^th July 2025 and thereafter the competent Authority i.e. Respondent No.2 decided and rejected the representation of the Detenue on 23^rd Jul