RAVI VYANKATRAO DADHI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Petitioner is challenging the order of detention dtd. 25/8/2023, issued by the Respondent No.2 i.e. the Commissioner of Police, Thane, District Thane. The said order has been issued by the Respondent No.2 in exercise of powers conferred under Sub-Sec. (2) of Sec. 3 of the 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. ("the MPDA Act"). The said order of detention issued by the Respondent No.2 has been approved by the State Government, directing the Petitioner to be detained for a period of 12 months, on the basis of the reports submitted by the Advisory Board constituted under the Act.

(2.) The order of detention alongwith grounds of the detention were served on the Petitioner. The said grounds of detention mention that, the said order of detention has been issued relying on the offence registered under Secs. 324, 323, 504, 506 read with Sec. 34 of the Indian Penal Code ("the IPC") read with Sec. 37(1)135, 142 of the Maharashtra Police Act. The Petitioner was found to be engaged in criminal activities, terrorizing the people in the mentioned localities and engaged in committing crimes, like extortion, rioting, robbery, grievous hurt, abusing and likewise. The criminal activities of the Petitioner were found to be prejudicial to the maintenance of the public order, peace and tranquility. The said order also refers about the involvement of the Petitioner in various criminal cases since the year 2018. Five cases are shown to be pending in the Court against the Petitioner. The said order also refers to the preventive orders issued against the Petitioner. Though preventive orders have have been issued, the said orders had failed to deter the Petitioner from committing offences. Therefore, it became extremely necessary to take strong measures to prevent the Petitioner from committing offences. Since the preventive orders did not curb the activities of the Petitioner, confidential inquires was made about the criminal activities in the locality of Kolshewadi area, and Thane Commissionerate, by preventive Sec. of the Kolshewadi Police Station.

(3.) Upon inquiry it was found that number of people were victimized by the Petitioner in the recent past. However being a dangerous person nobody was ready to complaint against the Petitioner. Therefore, two witnesses who were given assurance not disclosing their identity, came forward and their statements were recorded in-camera. After recording the said statements of the witnesses, the same were verified by the Assistant Commissioner of Police, Kalyan Division on 1/8/2023. After recording satisfaction that, the Petitioner is a dangerous person within the meaning of Sec. 2(b-1) of the MPDA Act, 1981, the order of detention of came to be passed.