LexRUSHIKESH TANAJI BHOITE versus STATE OF MAHARASHTRA & ORS.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
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[2012]2 S.C.R. 640
RUSHIKESH TANAJI BHOITE
v.
STATE OF MAHARASHTRA & ORS.
(Criminal Appeal No.24 of 2012)
JANUARY 4, 2012
[R.M. LODHA AND H.L. GOKHALE, JJ.]
Preventive detention -
Maharashtra Prevention of
Dangerous Activities of Slumlords, Bootleggers, Drug
c Offenders and Dangerous Persons Act, 1981 - s.2(b-1) and
s.3(1)- Detention order- Legality of- Challenged on ground
of non-placing and non-consideration of bail order in favour ·
of the dentenu - Held: In a case where detenu is released on
bail and is enjoying his freedom under the order of the court
0
at the time of passing the order of detention, then such order
of bail must be placed before the detaining authority to enable
him to reach at the proper satisfaction - In the instant case,
since the bail order granted in //{vour of the dentenu on August
15, 2010 in a criminal case registered on August 14, 2010
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and referred to in the grounds of detention was neither placed
before the detaining authority at the time of passing the order
of detention nor the detaining authority was ,~ware of the order
of bail, the detention order dated 10th January, 2011 was
rendered invalid - The subjective decision of the detaining
F authority was vitiated - Moroever, none of the criminal cases,
except the offence registered on August 14, 2010, referred to
in the grounds for detention, was proximate to the order of
detention - Order of detention accordingly set aside.
On January 10, 2011, the District Magistrate, in
G exercise of the powers conferred upon him by sub-
section (1) of Section 3 of the Maharashtra Prevention of
Dangerous Activities of Slumlords, Bootleggers, Drug
Offenders and Dangerous Persons Act, 1981 and the
Government Order Home Department (Special)·
H
640
RUSHIKESH TANAJI BHOITi= v. STATE OF
641
MAHARASHTRA & ORS.
Mantralaya, Mumbai No. DDS 1210/Cr-207/SPL-3(B) dated A
31.12.2010 directed the appellant's father to be detained
under the provisions of the 1981 Act. This order was
followed by another order of the same date directing that
appellant's father shall be detained in Central Prison,
Nagpur. The legality of the detention order dated January B
10, 2011 was challenged by the appellant in the High
Court. The Division Bench of that Court dismissed the
Criminal Writ Petition filed by the appellant. Hence the
present appeal.
Allowing the appeal, the Court
c
HELD: 1.1. In pursuance of Section 8 of Maharashtra
Prevention of Dangerous Activities of Slumlords,
Bootleggers, Drug Offenders. and Dangerous Persons
Act, 1981, the detenu was supplied with the grounds for D
detention setting out therein particulars of offences and
the action taken against him. The offences registered
against the detenu way back in the year 1980 upto the last
offence registered on August 14, 2010 have been noted
by the detaining authority in reaching at the satisfaction E
that the detenu's activities were prejudicial to the
maintenance of public order and he was dangerous
person within the meaning of Section 2 (b-1) of the 1981
Act. The last criminal case referred to in the grounds is
against the detenu for the offences under Sections 143, F
147, 323, 504, 506, 353, 427 of IPC read with Section 7,cJf
Criminal Law Amendment Act read with Section 37 (1)(3)
for breach of Section 135 of the Bombay Police Act, 1951,
registered at Police Station on August 14, 2010. [Para 6]
(644-F-H; 645-A]
1.2. The admitted position is that detenu was arrested
in connection with the above crime on August 15, 2010
and he was released on bail by the Judicial Magistrate,
. 1st Class, on that very day. One of the conditions imposed
G
in the Order of Bail was that the detenu would appear at H
642
SUPREME COURT REPORTS
[2012] 2 S.C.R.
A Police Station on every Monday between 10.00 a.m. to 12
O'Clock till the charge-sheet was filed. Later on, the
detenu made an application before the Judicial
Magistrate, 1st Class, seeking relaxation of the above
condition. That application was allowed and the above
B condition was relaxed by the concerned Judicial
Magistrate on January 4, 2011. [Para 7] [645-8-C]
1.3. It would be, thus, seen that the order releasing
the detenu on bail in the crime registered on August 14,
2010 and the order relaxing the bail condition were
C passed by the Judicial Magistrate, 1st Class, Dharangaon
much before the issuance of detention order dated
January 10, 2011. However, the detention order or the
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