RAVI HANUMANT THORAT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard submissions at the bar and perused affidavits filed on record. The Petitioner questions validity of detention of the detenu vide order bearing D.O. No. 5012/PCB/Detention/2012 dated 27-08-2012 issued by Commissioner of Police, Pune City, against Sahadeo@ Sada Laxman Dhavare. Detention was ordered on 27-08-2012 the ground that detenu Sahadeo is involved in illegal activities causing breach of public peace and was required to be detained under Section 3(2) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, [Drug-Offenders, Dangerous Persons and Video Pirates] Act, 1981 (Mah.Act No.LV of 1981, hereinafter referred as 'the Act').

(2.) At the outset, brief facts are required to be mentioned that on 17-07-2012, Senior Inspector of Police Khadak Police Station, Pune has submitted the proposal for the detention of Sahadeo@ Sada Laxman Dhavare under the Act. The proposal with in-camera statements of four witnesses was duly verified by the Asst. Commissioner of Police, South Region on 21-07-2012. On 26-07-2012, the proposal was routed through D.C.P. Zone-I to the Additional Commissioner of Police. It was considered and on 30-07-2012 sent to Law Officer, Zone-I for perusal of the record and returned on 31-07-2012 for to send it to detaining authority. It was submitted before the detaining authority on 03-08-2012. After subjective satisfaction that the detenu is dangerous person within the meaning of Section 2(b-1) of the Act on the basis of in-camera statements of four witnesses, the Detaining authority accepted the proposal on 10-08-2012 and issued the impugned order of detention on 27-08-2012 after deeply studying the proposal. The detention order and committal order were served upon the detenu on 27-08-2012 with all the 14 documents (Page no. 1 to 316 in record) relied upon by the detaining authority for his subjective satisfaction, under detenu's written acknowledgement in presence of Senior Inspector of Police, Khadak Police Station, Pune. Representation dated 03-11-2012 was submitted by the petitioner as is confirmed in the affidavit of Mr. P.H. Wagde, who stated that it was received on 05-11-2012 through the office of the Superintendent, Nashik Road Central Prison, Nashik. The remarks of the detaining authority were called for which were received by the Home Department (Special) of the State Government on 20-11-2012. The same were submitted to the Deputy Secretary on 21-11-2012 and through him to the Additional Chief Secretary, who considered the representation and para-wise reply from the detaining authority on 23-11-2012 and rejected it on the same day. There was holiday on 24-11-2012 for Mohharrum followed by Sunday on 25-11-2012.

(3.) In order to appreciate the rival submissions, it is necessary to reproduce Section 3 of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, [Drug Offenders, Dangerous Persons and Video Pirates] Act, 1981 (hereinafter referred to as 'the Act').