JUDGMENT :

(PER SARANG V. KOTWAL, J.)

1. This petition is taken out of turn for final hearing because the learned counsel for the Petitioner submitted that the Petitioner’s mother is not well. He tendered the medical certificate issued by Apollo Hospitals, Pune dated 08.09.2026 and certificate issued by Shivmangal Multispeciality Hospital, Pune, dated 13.08.2026. The copies of the certificates are taken on record and marked ‘X’ collectively for identification. Therefore, on humanitarian grounds we are taking this matter out of turn for final hearing.

Digitally signed by VINOD VINOD BHASKAR BHASKAR GOKHALE GOKHALEDate:2026.09.22+0530

2. Heard Mr. Ashraf Shaikh, learned counsel for the Petitioner and Mr. S. V. Gavand, learned APP for the State-Respondents.

3. The Petitioner has challenged the Detention order dated 06.12.2025 passed by the Respondent No.1 Commissioner of Police, Pune directing his detention under The Maharashtra (Prevention of Dangerous Activities) Act, 1981 (for short ‘MPDA Act’). Along with the Detention order, the Committal order was also passed on 06.12.2025 directing his detention in Nagpur Central Prison, Nagpur.

4. The Petitioner was served with the grounds of detention running into fifteen paragraphs. There are various averments in the grounds of detention. Paragraph-2 refers to his past history and, significantly, mentions that, thus, he was a ‘Dangerous Person’ as defined U/s.2(b-1) of the MPDA Act and his criminal activities were prejudicial to the maintenance of public order. Paragraph-3 gives a list of three offences registered at Samarth police station, as follows:

i) C.R.No.42 of 2022 dated 19.03.2022 U/s.143, 147, 149, 352, 323, 504 and 506 of IPC.

ii) C.R.No. 188 of 2022 dated 29.10.2022, U/s.326, 324 r/w. 34 of the IPC and U/s.75 of the Juvenile Justice Act.

iii) C.R.No.95 of 2023 dated 16.04.2023, U/s.387, 326, 324, 427 r/w. 34 of the IPC and U/s.37(1)(3)/135 of Maharashtra Police Act.

5. Paragraph-3.2 refers to three previous preventive actions taken at the instance of Samarth Police station, as follows:

i) Chapter case No.8 of 2022 dated 22.03.2022, U/s.107 of the Cr.PC., in which, the Petitioner had executed a bond of Rs.10000/- on28.03.2022.

ii) Chapter Case No.13 of 2023 dated 11.08.2023, U/s.56(1)(a)(b) of Maharashtra Police Act. The Petitioner was externed for one year from11.08.2023.

iii) Chapter Case No.45 of 2024 dated 04.11.2024, U/s.129(e)(g) of BNSS. The Petitioner had executed a bond of Rs.25000/- on 25.11.2024 with two sureties for two years. It is further mentioned that, during the bond period, the Petitioner had committed the offences vide C.R.No.160 of 2025 and C.R.No.250 of 2025 of Samarth Police station. Therefore, to initiate more effective action, the case was withdrawn U/s.141(1)(a)(b) of the BNSS.

It is mentioned that the preventive actions were insufficient to curtail his dangerous criminal activities, which continued to show an ascending trend and were prejudicial to the maintenance of public order. It is further mentioned that the preventive actions were shown only to highlight his desperate tendencies to commit violent crime.

6. Paragraph-4 mentions that, his involvement was noticed in the recent offences which would show that he was a ‘Dangerous Person’ as defined U/s.2(b-1) of the MPDA Act, and those activities were prejudicial to the maintenance of public order as defined U/s.2(a)(iv) of the MPDA Act. Those activities are mentioned in paragraphs-5 and 6. The paragraph-5 gives list of three registered offences at Samarth Police station, as follows:

i) C.R.No.160 of 2025 dated 14.07.2025, U/s.118(2), 118(1), 125(a), 189(2), 189(4), 190, 191(3) of BNS, U/s.4(25) of the Arms Act, U/s.37(1)/135 of MPA and U/s.7 of Criminal Law Amendment Act.

ii) C.R.No.250 of 2025 dated 11.11.2025, U/s.351(3) and 352 of BNS, U/s.4(25) of the Arms Act, U/s.37(1)(3)/135 of MPA and U/s.7 of Criminal Law Amendment Act.

iii) C.R.No.286 of 2025 dated 02.12.2025, U/s.4(25)of the