CHANDRASHEKHAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. Rule. Rule is made returnable forthwith. With the consent of the parties the petition is taken up for final hearing at the stage of admission.

(2.) By this writ petition the petitioner is taking exception to the detention order and committal order dtd. 1/7/2025 bearing No.2025/RB-1/Desk-2/T-4/MPDA/CR-38, passed by the respondent No.2 District Magistrate, Nanded in exercise of powers under Sec. 3(1) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug-Offenders, Dangerous Persons, Video Pirates, Sand Smugglers, Persons Engaged in Black-Marketing of Essential Commodities, Illegal Gambling, Illegal Lottery and Human Trafficker Act, 1981 (for short the MPDA Act), as well as approval order dtd. 11/7/2025 and confirmation order dtd. 29/8/2025 passed by respondent No.1- State Government, in exercise of powers under Sec. 12(1) of the MPDA Act, by the impugned detention order, the petitioner has been directed to be detained for a period of 12 months on the ground that the petitioner is a dangerous person within the meaning of Sec. 2(b-1) of the MPDA Act, holding his activities prejudicial to the maintenance of public order.

(3.) The impugned detention order has been passed on a proposal submitted by the respondent No.4 Police Inspector, Itwara Police Station, Nanded. The proposal has been routed through respondent No.3 Superintendent of Police and eventually placed before the respondent No.2 District Magistrate who claims to have arrived at a subjective satisfaction that the petitioner s detention is necessary to prevent him from acting in a manner prejudicial to public order. The basis for passing the impugned detention order is registration of eight (8) past criminal cases against the petitioner and his associates. A Chapter Case No.504/2023 dtd. 13/10/2023 under Sec. 107 of the Code of Criminal Procedure, 1973 (for short Cr.P.C), registered in the year 2023 as well as another Chapter Case No.01/2024, dtd. 12/2/2024 under Sec. 55 of the Maharashtra Police Act, 1951 and Crime bearing No.191/2025 dtd. 17/5/2025, registered with Vimantal Police Station, Nanded under Ss. 4 and 25 of Arms Act, as well as Ss. 135 and 142 of the Maharashtra Police Act, 1951, registered in recent past. In addition to above crimes, two in-camera statements of witnesses A and B are also made basis for passing the impugned detention order.