RAKESH SHANKAR THOKAL Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) The Petitioner has challenged the detention order bearing Outward No.CRIME PCB/ DET/ HADAPSAR/ THOKAL/ 753/ 2024 dtd. 21/9/2024 passed by the Respondent No.1 under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders, Dangerous Persons, Video Pirates, Sand Smugglers and Persons Engaged in Black-marketing Essential Commodities Act, 1981 (for short, 'MPDA Act'). Along with the detention order, the Respondent No.1 passed the committal order on the same day for the detenu to be detained in Nagpur Central Prison, Nagpur.

(2.) Heard Ms. Jayshree Tripathi, learned counsel for the Petitioner and Smt. M.H. Mhatre, learned APP for the Respondents-State.

(3.) The Petitioner was served with the grounds of detention dtd. 21/9/2024. In paragraph-3.1, a long list of offences right from the year 2021, committed by the detenu, is mentioned. These offences were registered at Hadapsar police station and one offence was registered at Vimantal police station. There were two preventive actions taken in the past in the years 2021 and 2022 under Sec. 110(g) of Cr.P.C. and under the MPDA Act. Paragraph-4 mentions that the Detaining Authority has considered three offences viz. (i) C.R. No.312/2024 of Wanavdi Police Station (ii) C.R. No.933/2024 of Hadapsar police station, and (iii) C.R. No.456/2024 of Wanavdi police station; as well as two in-camera statements (of Witness-A and Witness-B) mentioned in paragraphs-6.1 and 6.2; to issue the detention order. In paragraph-8, he has clearly stated that he had mentioned the earlier offences and preventive actions mentioned in paragraph-3, 3.1 and 3.2 of the grounds of detention to show that he was a habitual criminal. The Detaining Authority has further stated that he had relied on the material in Paragraphs-5.1, 5.2, 5.3, 6.1 and 6.2 of the grounds of detention to arrive at his subjective satisfaction that the detenu was a dangerous person. This clearly mentions that he was restricting his subjective satisfaction to the offences viz.