VISHAL MANIK DAMBE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. By consent of the learned advocates appearing for both the parties, the petition is taken up for final disposal at the stage of admission.

(2.) By the present petition filed under Article 226 of Constitution of India, the petitioner has laid a challenge to the order of preventive detention dtd. 11/5/2025, passed by the District Magistrate, Beed, bearing No.2025/RB-Desk-1/Pol-1/MPDA-07, under Sec. 3 (2) of of Maharashtra Prevention of Dangerous Activities Act 1981 (hereinafter referred to as "MPDA" Act). The petitioner also impugns the subsequent orders dtd. 21/5/2025, passed by the State Government Home Department Special granting approval to the said detention order and thereafter the order passed by the adjudicating authority. The prayer is for quashing of all these orders and directing immediate release of the petitioner.

(3.) The facts which can be briefly stated are that the Assistant Police Inspector, Wadwani Police Station, submitted a proposal for preventive detention of the petitioner on 18/3/2025, which came to be processed through the Superintendent of Police, Beed and the Sub-Divisional Police Officer, Majalgaon. Acting upon the said proposal, the District Magistrate, Beed passed the impugned detention order on 11/5/2025. The order is founded primarily upon two criminal cases and two in-camera statements of confidential witnesses. The two offences are, (i) Non-cognizable Report No. 319 of 2024, registered on 5/11/2024, under Sec. 351(4) of the Bharatiya Nyaya Sanhita (BNS), and (ii) Crime No. 28 of 2025, registered on 1/2/2025, for offences under Sec. 70 and 79 of BNS and Sec. 812 of Protection and Sec. 8 and 12 of POCSO Act.