ULKA SHIVAJI SARDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Mr. Satyavrat Joshi, learned counsel for the Petitioner and Smt. Deshmukh, learned APP for the State.

(2.) In this petition, there is a challenge to the detention order dtd. 17/10/2024 passed against the detenue Vikrant alias Vicky Shivaji Sarde, who is the son of the petitioner, by the detaining authority-Commissioner of Police, Pune city, bearing O.W.No.CRIME.PCB/DET/HADAPSAR/SARDE/832/2024. It was passed in pursuance to the provisions of 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 (for short 'MPDA'). The detention order is challenged mainly on three grounds - 1) the subjective satisfaction of the detaining authority is based on extraneous material; 2) the last registered offence does not disclose disturbance of public order and; 3) there is a delay in submitting the proposal by the sponsoring authority to the Detaining Authority.

(3.) With the assistance of both learned counsel we have perused the detention order dtd. 17/10/2024 and the grounds of detention. In the grounds of detention the Detaining Authority has referred to three registered offences and a preventive action taken U/s.110(g) of the Cr.p.c. Those details are given in paragraph-3.1 and 3.2. Those offences are of the year 2018, 2019 and 2023. Whereas, the preventive action was taken in 2023. The last offence relied upon by the detaining authority is dtd. 26/6/2024, it was registered at Hadapsar police station vide C.R.No.1031 of 2024 U/s.394 r/w. 34 of the I.P.C. A copy of the said F.I.R. is annexed at page No.83. Apart from the detenue, there were three other accused persons involved in that offence.