STATE OF MAHARASHTRA & ORS. versus BALU S/O WAMAN PATOLE

Citation: [2019] 13 S.C.R. 1154 · Decided: 13-11-2019 · Supreme Court of India · Bench: INDIRA BANERJEE · Disposal: Disposed off
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Judgment (excerpt)

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SUPREME COURT REPORTS
[2019] 13 S.C.R.
STATE OF MAHARASHTRA & ORS.
v.
BALU S/O WAMAN PATOLE
(Criminal Appeal No.1681 of 2019)
NOVEMBER 13, 2019
[INDIRA BANERJEE AND M. R. SHAH, JJ.]
Maharashtra Prevention of Dangerous Activities of Slumlords,
Bootleggers, Drug-Offenders, Dangerous Persons, Video Pirates,
Sand Smugglers and Persons Engaged in Black-Marketing of
Essential Commodities Act, 1981 – ss.3(1), (2) & 13 – Detention
order of the Respondent—detenu passed by the detaining authority–
Approved by the State Government – Challenged by the respondent
– Set aside by the High Court  – On appeal held: Impugned judgment
passed by the High Court quashing the detention order on merits,
confirmed – However, one of the grounds on which the detention
order is set aside, namely, that in the detention order the detaining
authority prescribed the period of detention for 12 months and the
same is in breach of s.3, is set aside – High Court wrongly relied
upon and mis-interpreted s.3(2) with respect to the period of
detention – Sub-section (2) of s.3 relates to the period for which the
order of delegation issued by the State Government is to remain in
force – It has no relevance to the period of detention – Legislature
has entrusted the power of detention to the State Government –
However, those powers can be delegated to the Jurisdictional District
Magistrate or the Commissioner of Police, as provided in sub-sec.(2)
of s.3 – As per s.13 of the Act, a person can be detained under the
Act for such period not exceeding the maximum period of 12 months
from the date of detention – Order of detention passed by the
authorities mentioned in sub-sec.(2) of s.3 is required to be confirmed
by the State Government – As per s.13, once the order of detention
is confirmed by the State Government, the maximum period for which
the detenu shall be detained cannot exceed 12 months from the
date of detention – Act nowhere requires the detaining authority to
specify the period for which the detenu is required to be detained –
Further, the directions issued by the High Court contained in Clauses
(IV)-(VI) of the operative portion of the impugned judgment are
also quashed – Constitution of India – Art.136.
 [2019] 13 S.C.R. 1154
1154
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Disposing of the appeal, the Court
HELD: 1.1 One of the grounds on which the detention order
is set aside, namely, that in the detention order the detaining
authority prescribed the period of detention for 12 months and
the same is in breach of Section 3 of the Maharashtra Prevention
of Dangerous Activities of Slumlords, Bootleggers, Drug-
Offenders, Dangerous Persons, Video Pirates, Sand Smugglers
and Persons Engaged in Black-Marketing of Essential
Commodities Act, 1981 is concerned, considering the provisions
of Section 3 read with Section 13 of the Act, the same cannot be
sustained. On fair reading of Section 3 of the Act, more particularly,
sub-section (2) of Section 3 of the Act, upon which much reliance
has been placed by the High Court, sub-section (2) of Section 3
relates to the period for which the order of delegation issued by
the State Government is to remain in force. It has no relevance
to the period of detention. The Legislature has entrusted the
power of detention to the State Government. However, those
powers can be delegated to the Jurisdictional District Magistrate
or the Commissioner of Police, as provided in sub-section (2) of
Section 3 of the Act. As per Section 13 of the Act, a person can be
detained under the Act for such period not exceeding the
maximum period of 12 months from the date of detention. The
order of detention passed by the authorities mentioned in sub-
section (2) of Section 3 of the Act is required to be confirmed by
the State Government. As per Section 13 of the Act, once the
order of detention is confirmed by the State Government, the
maximum period for which the detenu shall be detained cannot
exceed 12 months from the date of detention. The Act nowhere
requires the detaining authority to specify the period for which
the detenu is required to be detained. [Para 5.1][1158-D-E; 1159-
E-G]
1.2 The High Court wrongly relied upon and mis-interpreted
Section 3 (2) of the Act with respect to the period of detention.
Sub-section (2) of Section 3 of the Act relates to the period for
which the order of delegation issued by the State Government is
to remain in force and does not relate to the period of detention.
[Para 5.4][1161-A-B]
STATE OF MAHARASH
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