MOHAMMAD SIDHIK MOHAMMAD KAUSAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith.

(2.) The Petitioner, Mohammad Sidhik Mohammad Kausar, has invoked the extraordinary jurisdiction of this Court under Article 226 and 227 of the Constitution of India, seeking to quash and set aside the Order of Detention dtd. 30/9/2024, passed by Respondent No. 2 - the District Magistrate, Jalna under Sec. 3(1) of Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders, Dangerous Persons and Video Pirates Act, 1981, (hereinafter referred to as "MPDA Act"). By the said Order, the Petitioner was detained on the ground that his criminal activities were prejudicial to the maintenance of public order. The detention was ordered based upon a proposal forwarded by Respondent Nos. 3 and 4, officers attached to the Sadar Bazaar Police Station, Jalna on 24/7/2024, which enumerated eight criminal offences registered against the petitioner between the years 2018 and 2024.

(3.) The petitioner contends that the detention order is illegal, arbitrary and unsustainable in law. It is urged that the detaining authority failed to properly apply its mind to the relevant material before recording its subjective satisfaction. It is further argued that out of eight offences referred to in the proposal, the detaining authority has selectively relied upon only two cases, namely: