SHAHJAHAN KALIMKHAN SAMSHADKHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule is heard finally with the consent of the counsel for the parties.

(2.) The petitioner has challenged the order dated 8.4.2015 passed by the respondent No. 2 under the provisions of Sec. 3 of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders, Dangerous Persons and Video Pirates Act, 1981, by which an order of detention has been passed against the husband of the petitioner.

(3.) Shri R.R. Vyas, the learned counsel for the petitioner, inter alia submitted that the in-camera statements of the two witnesses that are the basis of the order of detention have not been verified by the Commissioner of Police before recording his subjective satisfaction and despite that the same have been taken into consideration while passing the order of detention. It is submitted that it has been held by this Court in various judgments including the judgment in Criminal Writ Petition No. 660 of 2015 decided on 29.02.2016 that unless such in-camera statements are verified by the Commissioner of Police or that the Police Commissioner has seen the said statements, there would be absence of subjective satisfaction while passing the order of detention. It is, therefore, submitted that on this ground the impugned order is liable to be set aside.