LAWS(BOM)-2025-9-135

UMESH SHIVAJI VETAL Vs. DISTRICT MAGISTRATE

Decided On September 24, 2025
Umesh Shivaji Vetal Appellant
V/S
DISTRICT MAGISTRATE Respondents

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. With the consent of all the parties, the petition is taken up for final hearing and final disposal at the stage of admission itself.

(2.) The petitioner challenges under Article 226 of the Constitution of India, an order of detention dtd. 9/6/2025 passed by the District Magistrate, Ahilyanagar, under Sec. 3(1) of Maharashtra Prevention of Dangerous Activities Act 1981 (hereinafter referred to as "MPDA" Act), together with the approval order passed by the State Government and also the confirmation order of the Advisory Board's opinion. The detention order mentions the detaining authority's satisfaction that the petitioner is a 'dangerous person' whose detention is necessary to prevent acts prejudicial to the maintenance of public order. The order and committal directions are on record.

(3.) The grounds of detention that has been supplied to the petitioner proceeds substantially on the basis of one single crime registered as C.R. No. 274 of 2025 with Shrigonda Police Station, District Ahmednagar under the provisions of Bharatiya Nyaya Sanhita (for short, 'BNS'), Arms Act and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (SCST Act). It also considers two in-camera statements of confidential witnesses. Although a tabular statement of seven crimes and certain preventive actions since 2020 are mentioned in the grounds, the grounds asserts that such antecedents are shown for highlighting the petitioner's criminal history and background, while the proposal is submitted on the basis of recent crime and confidential statements alone.