VISHAL POPAT SANGLE Vs. COMMISSIONER OF POLICE, NASHIK

JUDGEMENT

(1.) By this Petition, the petitioner (detenu) impugns the detention order passed by the Commissioner of Police, Nashik City dated 26th September, 2019, under section 3(2) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders, Dangerous Persons, Video Pirates, Sand Smugglers and Persons engaged in Black Marketing of Essential Commodities Act, 1981 (for short 'the said Act').

(2.) Rule. Rule made returnable forthwith. Heard with the consent of parties.

(3.) The learned counsel for the petitioner (detenu) challenges the detention order by invoking grounds (b) and (d) raised in the Petition. Ground (b) is to the effect that the petitioner (detenu) was in jail in connection with C.R. No.358 of 2019, registered under sections 387, 323, 504, 506, 34 of the I.P.C., section 4/25 of the Arms Act and section 142 of the Maharashtra Police Act and his two bail applications were already rejected on 29th July, 2019 and 28th August, 2019. The third bail application, viz., Bail Application No.1647 of 2019 filed by the petitioner (detenu) was kept for hearing on 30th September, 2019. Without waiting for the result of the said Bail Application, in hasty manner detention order was passed on 26th September, 2019, without there being relevant and cogent material before the detaining authority to come to the conclusion that there was imminent possibility of grant of bail to the petitioner (detenu). In ground (d), the petitioner (detenu) claims that the documents supplied to the petitioner (detenu) at pages 33 to 37 of the compilation were wholly and/or partly illegible and could not be read with normal vision. Thus, the petitioner (detenu) was deprived of the opportunity of making effective representation, which resulted into violation of right guaranteed under Article 22(5) of the Constitution of India.