DINESH KISAN WANJALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The only issue involved in this Writ Petition is whether there was a sufficient material available before Detaining authority i.e. Commissioner of Police Pune City while detaining the Petitioner. As per the Order dtd. 20/7/2021, for the period of two years the Petitioner is detained in Yerwada Central Prison.

(2.) We have heard Mr. R. M. Haridas, the learned counsel for the Petitioner and Mrs. S. D. Shinde, learned APP for the Respondent-State.

(3.) The materials which were considered by the Detaining authority consist of two offences registered at the Uttam Nagar Police Station on 23 rd January, 2021 and 5/3/2021. Apart from that, there were statements of two witnesses recorded on 5/3/2021 and 2/4/2021. Earlier to these offences, there was an offence registered with the same Police Station on 5/4/2019. Thereafter, action was initiated against the Petitioner under Sec. 107 of Code of Criminal Procedure. The Detaining Authorities contend that this preventing action has not deterred the Petitioner from committing further offences and he did committed two offences in the year 2021.