Case Note & Summary
The petitioner, Ankush Vaman Pawar, a resident of Pune, was detained at Yerawada Central Prison pursuant to an order dated 12 March 2018 passed by the Commissioner of Police, Pune, under Section 3(2) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug-Offenders and Dangerous Persons Act, 1981 (MPDA Act). The detention aimed to prevent him from acting prejudicially to public order. The petitioner challenged the detention order on the ground of non-application of mind, specifically that at the time of the detention order, he was already in judicial custody in connection with Crime No.430 of 2017 under various IPC sections and other Acts, and his bail application had been rejected by the Sessions Court on 20 February 2018. He had not applied for bail thereafter. The detaining authority did not disclose any material to show an imminent possibility of his release on bail or his likely involvement in prejudicial activities. The court, relying on the guidelines laid down in Kamrunissa's case and other Supreme Court judgments, held that the detaining authority's failure to consider the detenu's custody and the lack of material regarding imminent release amounted to non-application of mind, vitiating the detention order. The court allowed the petition and quashed the detention order, directing the petitioner's release unless required in any other case.
Headnote
A) Preventive Detention - Non-Application of Mind - Detenu in Custody - Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug-Offenders and Dangerous Persons Act, 1981, Section 3(2) - The detaining authority failed to consider that the detenu was in judicial custody at the time of detention and did not disclose any material showing imminent possibility of his release on bail, rendering the detention order illegal for non-application of mind (Paras 1-3).
Issue of Consideration
Whether the detention order under Section 3(2) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug-Offenders and Dangerous Persons Act, 1981 is vitiated due to non-application of mind when the detenu was already in custody and there was no material showing imminent possibility of his release on bail.
Final Decision
The court allowed the petition, quashed the detention order dated 12 March 2018, and directed the petitioner's release unless required in any other case.
Law Points
- Preventive detention
- non-application of mind
- detenu in custody
- imminent possibility of release
- subjective satisfaction
- MPDA Act
