Case Note & Summary
The petitioner, a detenu, challenged an order of detention dated 12.09.2016 passed by the District Magistrate, Wardha under Section 3 of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug-Offenders, Dangerous Persons and Video Pirates, Sand Smugglers and Persons Engaged in Black-Marketing of Essential Commodities Act, 1981. The petitioner was involved in 28 criminal cases, but had been acquitted in 22 of them. Only 4 out of the remaining 6 pending cases were considered by the authority, and the acquittals in 2 cases were overlooked. Additionally, in Crime No.0014/2013 of Police Station Deori, the petitioner had been granted bail by the High Court in Criminal Application No.169 of 2014, with an observation that his identity as the driver of the car was not established. The detaining authority did not consider this bail order or the observation. The court held that the failure to consider the acquittals and the bail order with its observation amounted to non-application of mind, rendering the detention order invalid. The court allowed the petition, quashed the detention order, and directed the petitioner's release unless required in any other case.
Headnote
A) Preventive Detention - Non-Application of Mind - Section 3 of Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug-Offenders, Dangerous Persons and Video Pirates, Sand Smugglers and Persons Engaged in Black-Marketing of Essential Commodities Act, 1981 - The detaining authority failed to consider that the petitioner was acquitted in 22 out of 28 cases and that in one case bail was granted with an observation that identity was not established - Held that such non-consideration amounts to non-application of mind, vitiating the detention order (Paras 3-5).
Issue of Consideration
Whether the detention order under Section 3 of the Maharashtra Prevention of Dangerous Activities Act, 1981 is vitiated due to non-application of mind by the detaining authority in overlooking acquittals and bail orders.
Final Decision
The court allowed the petition, quashed the detention order dated 12.09.2016, and directed the petitioner's release unless required in any other case.
Law Points
- Preventive detention
- non-application of mind
- consideration of bail orders
- acquittals overlooked
- subjective satisfaction
Case Details
2017 LawText (BOM) (04) 132
Criminal Writ Petition No.999 of 2016
B.P. Dharmadhikari, V.M. Deshpande
Shri A.M. Jaltare for Petitioner, Shri A.S. Ashirgade for Respondents
Rajkumar @ Anda s/o Jaglal Jaiswal
State of Maharashtra, District Magistrate, Wardha, Police Station Officer, Wardha City
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Criminal writ petition challenging preventive detention order
Remedy Sought
Quashing of detention order and release of detenu
Filing Reason
Detenu assailed order of detention dated 12.09.2016 passed under Section 3 of the Maharashtra Prevention of Dangerous Activities Act, 1981
Previous Decisions
Petitioner was acquitted in 22 out of 28 cases; in Crime No.0014/2013, bail was granted by High Court with observation that identity as driver was not established
Issues
Whether the detention order is vitiated due to non-application of mind by the detaining authority in overlooking acquittals and bail orders
Submissions/Arguments
Petitioner's counsel submitted that out of 28 cases, petitioner was acquitted in 22, and acquittals in 2 cases were overlooked; in Crime No.0014/2013, bail was granted with observation that identity was not established, which was not considered.
Ratio Decidendi
Non-consideration of acquittals and a bail order with an observation that identity was not established amounts to non-application of mind, vitiating the subjective satisfaction required for preventive detention under Section 3 of the Maharashtra Prevention of Dangerous Activities Act, 1981.
Judgment Excerpts
The petitioner a detenu assails order of detention dated 12.09.2016 passed by respondent No.2 under Section 3 of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, DrugOffenders, Dangerous Persons and Video Pirates, Sand Smugglers and Persons Engaged in BlackMarketing of Essential Commodities Act, 1981.
Advocate Jaltare ... submits that out of total 28 cases mentioned in chart forming of proposal, petitioner has been acquitted from 22 cases. Only 4 cases out of remaining 6 pending were relevant and have been looked into by the authority, but then acquittal from 2 cases has been overlooked.
He further submits that in offence mentioned at Sr. No.25 i.e. Crime No.0014/2013 of Police Station Deori, petitioner had been granted bail by this Court in Criminal Application No.169 of 2014, after noticing that identity of present petitioner as Driver of the Car has not been established.
Procedural History
The petition was filed in 2016; notice was issued on 23.12.2016 for final disposal; matter was listed on 29.03.2017 and adjourned for perusal of original records; heard finally on 13.04.2017.
Acts & Sections
- Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug-Offenders, Dangerous Persons and Video Pirates, Sand Smugglers and Persons Engaged in Black-Marketing of Essential Commodities Act, 1981: Section 3
