Case Note & Summary
The case involved a challenge to a detention order issued against the Petitioner by the Commissioner of Police, Pune City, on 24th December 2025. The Petitioner contended that the order was made without genuine material against him, arguing that the in-camera statements of witnesses were recorded with the intent to fabricate evidence for the detention. The Respondent-State maintained that there were registered offences and in-camera statements justifying the detention. The court examined the grounds of detention, which referenced a registered offence under the Indian Penal Code and a preventive action initiated earlier. It noted that the preventive action was withdrawn to take more effective steps against the Petitioner, and the in-camera statements were recorded after this withdrawal. The court expressed skepticism about the genuineness of these statements and the incidents described, concluding that the detention order lacked bona fide intent. Consequently, the court allowed the Petition, set aside the detention order, and directed the immediate release of the Petitioner if not required in any other case.
Headnote
A) Preventive Detention - Grounds of Detention - Lack of Genuine Material - Code of Criminal Procedure, 1973, Section 137 - The court found that the detention order was based on in-camera statements recorded after the preventive action was withdrawn, indicating a lack of bona fide intention in the proceedings. The court held that the detention order was not sustainable and set it aside (Paras 8-9).
Issue of Consideration
Whether the detention order was justified based on the available material against the Petitioner
Final Decision
The court allowed the Petition, set aside the detention order dated 24.12.2025, and directed the immediate release of the Petitioner if not required in any other case.
Law Points
- Preventive detention
- grounds of detention
- subjective satisfaction
- in-camera statements
- bona fide action
Case Details
2026 LawText (BOM) (10) 35
Criminal Writ Petition No.1759 of 2026
Sarang V. Kotwal, Ranjit Singh Rajabhonsale
Nishi Singhvi, Kuldeep Nikam, S.V. Gavand
State of Maharashtra and others
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Nature of Litigation
Challenge to a detention order under preventive detention laws
Remedy Sought
Petitioner sought to set aside the detention order
Filing Reason
Detention order was claimed to be based on insufficient and fabricated evidence
Issues
Whether the detention order was justified based on the available material against the Petitioner
Whether the in-camera statements were recorded in good faith
Submissions/Arguments
Petitioner's counsel argued that the detention order was made without genuine material and was a deliberate design to fabricate evidence.
Respondent-State argued that there were registered offences and in-camera statements justifying the detention.
Ratio Decidendi
The court held that the detention order lacked bona fide intent as it was based on in-camera statements recorded after the withdrawal of preventive action, indicating that the authorities had not acted in good faith.
Judgment Excerpts
The Petitioner has challenged the detention order dated 24.12.2025 passed by the Respondent No.2 – Commissioner of Police, Pune City.
This indicates that on or before 23.9.2025 the authorities had already decided to take more stringent action than asking him to execute a bond.
The genuineness of the in-camera statements and the incidents described therein is therefore extremely doubtful.
Procedural History
The Petitioner filed a writ petition challenging the detention order issued by the Commissioner of Police, Pune City, which was heard by the High Court.
Acts & Sections
- Code of Criminal Procedure, 1973: Section 137
- Indian Penal Code: Sections 326, 323, 504, 34
- Arms Act: Section 3(25)
- Maharashtra Police Act: Section 37(1)(3), 135
- Criminal Law Amendment Act: Section 7
