NITIN BABAN PAWAR Vs. COMMISSIONER OF POLICE, THANE

JUDGEMENT

(1.) Petitioner has challenged the Order of Detention dtd. 19/5/2022 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 Detaining Authority was aware that the Petitioner is already in judicial custody without availing bail in C.R. No. I-89/2022 registered with Kalwa Police Station for offence under Sec. 307, 325, 323, 504 r/w Ss. 4 and 25 of the Arms Act, r/w Ss. 37(1) and 135 of Maharashtra Police Act. In camera statements were recorded while the Petitioner was in custody. The Detaining Authority has not disclosed any possibility of release on bail. The bail application preferred by the Petitioner was pending before the Court. 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 his satisfaction in the ground of detention as to the imminent possibility of detenu 's release 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 whatsoever.

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