Case Note & Summary
The petitioner, Mohammed Asif @ Mental Abdul Sattar Shaikh @ Mohd. Asif @ Mental Abdul Sattar Khan, challenged a preventive detention order dated 15.10.2015 passed by the Commissioner of Police, Mumbai, under Section 3(1) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders, Dangerous Persons and Video Pirates Act, 1981 (MPDA Act). The detention order was based on two criminal cases: C.R. No. 152 of 2015 under Sections 392, 384, 323, 506 II IPC r/w Sections 37(1)(a) and 135 of Maharashtra Police Act, and C.R. No. 373 of 2015 under Sections 394, 323, 504, 506 II IPC. The detenu was on bail in C.R. No. 152/2015 but was in judicial custody in C.R. No. 373/2015 at the time of the detention order. The petitioner raised a single ground: that the detaining authority did not apply its mind to the fact that the detenu was already in custody and failed to consider the likelihood of his release on bail and his potential to continue engaging in dangerous activities. The court examined the detention order and grounds of detention, noting that while the detaining authority mentioned the detenu's custody, it did not adequately consider the possibility of bail being granted. The court relied on the principle that if a detenu is already in custody, the detaining authority must show awareness of the likelihood of release and the necessity of detention to prevent future activities. Since the authority failed to do so, the detention order was quashed. The court allowed the petition and directed the detenu's release unless required in any other case.
Headnote
A) Preventive Detention - MPDA Act - Non-Application of Mind - Detenu in Custody - The detaining authority passed a detention order under Section 3(1) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders, Dangerous Persons and Video Pirates Act, 1981 (MPDA Act) while the detenu was already in judicial custody in connection with C.R. No. 373 of 2015. The authority failed to consider the likelihood of the detenu being released on bail and continuing his dangerous activities. Held that the detention order is vitiated due to non-application of mind and is liable to be quashed (Paras 1-6).
Issue of Consideration
Whether the preventive detention order under Section 3(1) of the MPDA Act is vitiated due to non-application of mind by the detaining authority when the detenu was already in custody and the authority failed to consider the likelihood of his release on bail.
Final Decision
The petition is allowed. The detention order dated 15.10.2015 passed by respondent no.1 is quashed and set aside. The detenu be set at liberty forthwith unless required in any other case.
Law Points
- Preventive detention
- MPDA Act
- non-application of mind
- bail conditions
- subjective satisfaction
- ground of detention
