IQBAL SIKANDAR PATHAN Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. Counsel for the respective Respondents waive notice. Heard finally forthwith, by consent.

(2.) This Petition, under Article 226 of the Constitution of India, takes exception to the order passed by the Commissioner of Police, Solapur, dated 2 nd February, 2012, in exercise of powers under Section 3(1) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug offenders and Dangerous Persons and video Pirates Act, 1981 (hereinafter referred to as "the Act").

(3.) It is not in dispute that when this detention order was passed, the Petitioner was already in Jail, in connection with some criminal offences. The detention order has been served on him in Jail, on 4 th February, 2012. In the Writ Petition, filed before this Court, several points have been raised. But, the foremost point, which appeals to us and is indefensible, is that the order and the grounds of detention, served on the Petitioner, in Jail, itself establishes the fact that the grounds of detention were formulated and subjective satisfaction recorded thereon, by the Detaining Authority, on 3 rd February, 2012. It is well established position and it is too elementary to state that the detention order should be founded on the subjective satisfaction recorded by the Detaining Authority on the basis of the grounds formulated by the Authority, which has to precede the passing of the order itself.