SHRINIVAS KISHOR SANGA Vs. COMMISSIONER OF POLICE, SOLAPUR

JUDGEMENT

(1.) By this Petition, the Petitioner has challenged the order of detention dated 30/10/2018 bearing no.09/CB/DP/2018 passed by the Respondent No.1 - Commissioner of Police, Solapur, under Section 3 of Maharashtra Prevention of Dangerous Activities of Slumlords, Bootletters, Drug Offenders, Dangerous Persons, Video Pirates, Sand Smugglers and Persons engaged in Black-marketing of Essential Commodities Act, 1981 (Maharashtra Act No.LV of 1981), (Amendment-1996), (Amendment-2009), (Amendment-2015) (hereinafter referred to as 'MPDA'). Along with the detention order, the Petitioner was served with the grounds of detention dated 30/10/2018 in compliance with Section 8 of the MPDA. The order and the grounds of detention were served on the Petitioner on 30/10/2018 and he was detained in Yerwada Central Prison, Pune. The Petitioner is challenging this detention order and his detention effected pursuant to that order.

(2.) The grounds of detention formulated by the Respondent No.1 i.e. the Commissioner of Police, Solapur, mention that the Petitioner was a dangerous person and a weapon wielding desperado. According to the Respondent No.1, the Petitioner had unleashed a reign of terror and had become habitual danger to the lives and properties of the people residing and carrying out their daily business in the areas mentioned in the detention order in Solapur city. According to the Respondent No.1, the Petitioner was carrying out illegal business of money lending. Paragraph 4.1 mentions a list of 10 registered offences at various police stations in Solapur under different sections of the Indian Penal Code. In some of the cases, the Petitioner was acquitted.

(3.) In the year 2013, an externment order was passed against the Petitioner and in the year 2016, he was detained under MPDA vide order dated 21/10/2016. The Petitioner was released on 09/08/2017 pursuant to the order passed by this Court in Criminal Writ Petition No.1720 of 2016. In paragraph 4.5, there is a reference to C.R.No. 548 of 2018 registered as Chaithanyapuri Police Station, Rachakonda, Telangana State. However, ground 4.6 categorically mentions that the present detention order was not based on all these offences and preventive actions.