LAWS(BOM)-2020-11-24

ROHIT SIDRAM KHATAL (DETENU) Vs. COMMISSIONER OF POLICE

Decided On November 27, 2020
Rohit Sidram Khatal (Detenu) Appellant
V/S
COMMISSIONER OF POLICE Respondents

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. Heard fnally with the consent of the learned counsel appearing for the parties.

(2.) This Petition fled under Article 226 of the Constitution of India challenges the order of detention dated 17/3/2020 issued under Section 3 of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug-ofenders, Dangerous Persons, Video Pirates, Sand Smugglers and Persons engaged in Black-marketing of essential Commodities Act, 1981 (hereinafter referred to as 'the MPDA Act' for short) by the respondent No.1 - the Commissioner of Police, Solapur.

(3.) Briefy stated, the grounds of detention states that the petitioner/detenu is a dangerous person and weapon wielding desperado. The petitioner and his associates move around the various areas within the jurisdiction of Faujdar Chawadi Police Station and commit serious ofences like robbery, causing serious hurt, stone pelting by making unlawful assembly, extortion, attempt to commit murder, molestation, and house-trespass holding deadly weapons like knife, gupti, sura, sword, hockey stick, iron pipe, stones and lathi. It is stated that the petitioner has unleashed a reign of terror and has thereby become a habitual danger to the lives and properties of the people residing and carrying out thier daily business in the areas. The details of as many as 9 criminal cases registered against the petitioner at Faujdar Chawadi Police Station are stated. The details as regards the preventive action taken against the petitioner is also stated. In-camera statements of Witness 'A' and 'B' came to be recorded. Considering the materials on record, respondent No.1 - Detaining Authority was satisfed that the petitioner is a dangerous person within the meaning of sub-section 2 (b-1) of the MPDA Act. The detention order is dated 17th March, 2020.