ARJUN SATPAL KUMBHAR Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) This is a Petition in which the detenue himself had challenged the detention order bearing No.CRIME PCB/DET/ BHARATI - VIDYAPITH / KUMBHAR / 779 / 2024 dated 30 th September 2024 passed under 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 ("M.P.D.A Act"). Along with the detention order, the Respondent No.1 also passed a committal order directing that the Petitioner be detained in the Nashik Central Prison, Nashik. The Petitioner was served with the grounds of detention dtd. 30/9/2024.

(2.) The Respondent No.1 in his grounds for detaining the Petitioner has mentioned the previous registered offences at Bharati Vidyapeeth Police Station, Pune between May-2021 upto March-2024. All these offences were registered under Sec. 65(e) of the Maharashtra Prohibition Act, 1949 ("M.P.Act"). Apart from these registered offences, there is a reference to the two preventive actions taken against the Petitioner in the past. The first was a Chapter Case No.1 of 2022 dtd. 31/5/2022 in which the Petitioner was directed to execute a bond of Rs.10,000.00 (Rupees Ten Thousand) for good behaviour for one year from 7/6/2022. The second preventive action was a Chapter Case No.1 of 2024 dated 29 th March 2024. This preventive action was not taken to its end and it was mentioned that the said preventive action was withdrawn on 27/7/2024 under Sec. 118 of the Code of Criminal Procedure, 1973 (" Cr.P.C .") by the Special Executive Magistrate, Swargate Division, Pune City in order to initiate more effective action. After referring to the earlier registered offences, and these two preventive actions, the Respondent No.1 mentioned in paragraph No.4, that he had relied mainly on the offences mentioned below paragraph No.5.1 and confidential statements mentioned at paragraph Nos.6.1 and 6.2 to issue the detention order.

(3.) The paragraph No.5.1 pertains to C.R. No.118 of 2024 registered at Bharati Vidyapeeth Police Station on 6 th February 2024 under Ss. 65(e) of the M.P.Act. In connection with that offence, a notice was served on him under Sec. 41(1)(a) of Cr.P.C. The gist of the allegations is that on 5/2/2024, the Police confronted the Petitioner. He was found with 22 bags of country-made liquor of 200ml each totaling 5 liters, apart from some cash. The sample was sent for chemical analysis and it was found to contain 11% ethyl alcohol.