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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

WRIT PETITION NO. 5327 OF 2025

Umar Ali Shakir Shaikh Alias Umar Ali Gafar Shaikh

Age-23 years,

R/o. 169, Behind Ayana Masjid, Nana Peth,

Pune City. …Petitioner

Vs.

1. Commissioner of Police, Pune

2. The State of Maharashtra

(Through the Secretary, Home Department (Spl),

Mantralaya, Mumbai.

3. The Superintendent,

Jalna Prison, Jalna. ...Respondents

_______________________________

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

Mr. J. P. Yagnik, APP for the Respondent-State.

P.S.I. Smt. Santoshi Jadhao a/w. H.C. Jorkar, Samarth Police Station, Pune.

_______________________________

CORAM : A. S. GADKARI AND

RANJITSINHA RAJA BHONSALE , JJ.

DATED : 23^rd DECEMBER, 2025.

JUDGMENT (Per : A. S. Gadkari, J.):-

1) Detenu has invoked jurisdiction of this Court under Article 226

of the Constitution of India, impugning Detention Order dated 2^nd June,

2025, bearing No. OW.CRIME PCB/DET/SAMARTH/SHAIKH/484/2025,

passed under Section 3 (2) of the Maharashtra Prevention of Dangerous

Activities of Slumlords, Bootleggers, Drug-offenders, Dangerous Persons,

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Video Pirates, Sand Smugglers and Persons engaged in Black-marketing of

Essential Commodities Act, 1981 (Maharashtra Act No. LV of 1981)

(Amendment-2015) (for short ‘MPDA’) by Respondent No.1 and the

Committal Order of the even date, thereby directing his detention in Jalna

Prison. The said Order is executed on the Petitioner on 2^nd June, 2025.

2) Heard Ms. Tripathi, learned Advocate for the Petitioner and

Mr. Yagnik, learned APP for the Respondent-State. Perused Affidavit filed

by the Respondent-Authorities and the record produced before us.

3) Record reveals that, the Sponsoring Authority after perusing

the record of the Petitioner reached to a conclusion that, the Petitioner is a

dangerous person as contemplated u/s. 2(b-1) of the MPDA and therefore

initiated the proposal to detain him under the provisions of MPDA. They

accordingly forwarded their proposal to the Detaining Authority i.e.

Respondent No.1. Respondent No.1 after reaching to its subjective

satisfaction that, the Petitioner is a dangerous person as contemplated

under the definition of the said Act, passed the impugned Detention Order

dated 2^nd June, 2025, and also passed Committal Order of even date. As

noted above, the said Order is immediately executed on the Petitioner on

the same date and he has been detained at Jalna Prison on 3^rd June, 2025.

As per the mandate of law, along with the Detention Order, the grounds of

detention and the documents referred to and relied upon in the said

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grounds are also supplied to the Petitioner.

4) Paragraph No.12 of the grounds of detention reads as under:-

“12. You are informed that you have a right to make

representation to the State Government against the detention

order and that you shall be afforded the earliest opportunity to

make such representation. If you wish to make such

representation, you should address it to The Additional Chief

Secretary (Home), Government of Maharashtra, Home

Department (Special), Mantralaya, Mumbai-400032 and

submit it through the Superintendent of the Jail, where you

have been detained.”

As stated in paragraph No.12 of the Detention Order, it being

a fundamental right of the Petitioner to make a representation to the

Statement Government against the Detention Order, he through his

Advocate, made a representation to the State Government. It is the

contention of the learned Advocate for the Petitioner that, there is an

inordinate delay of about 30 days in considering and deciding the

representation made by the Petitioner to the State Government and

therefore the Order of Detention cannot be sustained further and needs to

be quashed and set aside.

5) Perusal of record indicates th