JAYESH DAMODAR KOLI Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) Petitioner assails the Order of Detention dated 18th May, 2022 issued by Commissioner of Police, Thane under the provisions of 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 'M.P.D.A. Act '). The Petitioner was served upon the Order of Detention, grounds of detention and the documents relied upon by the Detaining Authority while issuing the Order of Detention.

(2.) Learned Advocate Ms. Tripathi appearing for the Petitioner submitted that the Order of Detention is bad in law. The Detaining Authority was aware that the Petitioner was already in judicial custody without availing bail in C.R. No.I-95/2022. However, the Detaining Authority has not disclosed any possibility of release on bail. The Detaining Authority has not disclosed any cogent material and facts which necessitated the making of the Detention Order. The valid Detention Order can only be passed against the detenu if the Detaining Authority is subjectively satisfied that there is real or imminent possibility of detenu being released on bail based on cogent material and that it is absolute imperative to pass a valid Detention Order against the detenu while he is in custody. The Detaining Authority is duty bound to express its satisfaction in the grounds of detention as to the imminent possibility of detenu 's released on bail, which is not done in this case. The satisfaction of the Detaining Authority is vitiated as it is not based on any cogent material what so ever. In reality Petitioner was granted bail by Sessions Court, Thane vide Order dated 30th November, 2022 i.e. after a period of about six months from date of Order of Detention.

(3.) Learned Advocate for the Petitioner has relied upon the following decisions :