SAGAR @ MANISH SHAILESH BELAMKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Challenge in this petition is to the order of detention dtd. 30/4/2025 passed by the Respondent No.2 under Sec. 3 of the Maharashtra Prevention of Dangerous Activities Act, 1981 ["MPD Act" for short].

(2.) Though several contentions were urged by learned Counsel for the Petitioner which learned APP has been successful in demolishing most of them, in our opinion, the present petition deserves to succeed on one ground, in view of the law laid down by the Hon'ble Apex Court in Kamarunnisa v. Union of India,(1991) 1 SCC 128..

(3.) Facts necessary for deciding the present petition presented by learned Counsel for the Petitioner as can also be seen from the aidavit-in-reply iled by Shri. Raj Kumar, Commissioner of Police, Solapur City, Solapur on 21/7/2025 are briely stated. The proposal of detention along with the attached papers were perused by the detaining authority and he was of the opinion that this is a it case for detention under the MPD Act. He was also satisied that preventive action taken in the past against the Petitioner was insuicient to curb his criminal activities, and, hence he gave approval to the said proposal on 17/4/2025. After completing all necessary formalities and scrutinizing documents, the detaining authority forwarded the same to Police Inspector, Crime for further action on 23/4/2025. The Police Inspector, Crime scrutinized all the documents and prepared the detention order / committal order and related documents. He forwarded the same to the detaining authority on 29/4/2025. When satisied with the grounds of detention and other related papers, the detention order was issued on 30/4/2025.