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2022 DIGILAW 1596 (BOM)

Sanjay v. State of Maharashtra

2022-07-01

G.A.SANAP, SUNIL B.SHUKRE

body2022
JUDGMENT SUNIL B.SHUKRE,J. - Although, the learned Additional Public Prosecutor made stranuous efforts to convince us that there is live link in the last criminal activity of the petitioner and the object sought to be achieved by the preventive detention, we find that there is absence of live link between the two in the present case. Besides there is no explanation of the delay given by the Detaining Authority nor the facts and circumstances of the case justify the delay taken place in the present case. 2. The order of preventive detention has been passed on 30/9/2021 whereas the last of the crimes registered against the petitioner was of 27/3/2021. Even the confidential statements of two witnesses refer to the incidents of March-2021 and 25/6/2021. Thus, there is delay of not less than three months in the present case, which has not been explained in any manner by the Detaining Authority. 3. The delay so caused in the present case, in our considered view, has the effect of snapping live link with the criminal activities of the petitioner and therefore, we are of the view that this aspect of the matter has vitiated the satisfaction reached by the Detaining Authority. This is the view which we have already taken in the previous case between Ajay @ Golu Shyam Solanki .vs. State of Maharashtra and another in Criminal Writ Petition No. 807 of 2021, decided on 27/6/2022 involving similar facts. 4. There is one more ground put forward by the learned counsel for the petitioner to assail the impugned preventive detention order. He submits that the confidential statements of the witnesses were not verified nor were seen by the Detaining Authority as requisite endorsements of the verification made by the police officer and the statements having been seen by the Detaining Authority both, are absent in the copies of the statements supplied to the petitioner. He, therefore, submits that on this count also the impugned order is bad in law. He draws support from the case in Gokul Sahabrao Sabale .vs. The Commissioner of Police, Pune and others, reported in 2017 All M.R. (Cri.) 1051, wherein relying upon the case in Sanjay Ramlal Shahu .vs. State of Maharashtra and another, Criminal Writ Petition No. 768/2015, decided on 1/2/2006, the Division Bench has held that there was no proper reaching of subjective satisfaction of the Authority. 5. 5. The copies of two confidential statements which were supplied to the petitioner are placed on record by the petitioner. They do not bear any endorsement of verification made by the police officer and further endorsement they having been seen by the Detaining Authority. These facts, in our considered view, would amount to either considering some material which was not verified for its genuineness or non-consideration of the material though relevant. In either of these eventualities, the subjective satisfaction reached by the Detaining Authority would have to be termed as perverse. Therefore, on this additional ground also, we find that the impugned preventive detention order is illegal. 6. The Criminal Writ Petition is allowed in terms of prayer Clauses (ii) and (iii), which are reproduced thus :- (ii) Quash and set aside the order of detention passed by the respondent no.2 dtd. 30/9/2021 D. O. No. PoI/Desk-12/ws/990/2021 Office of the District Magistrate, Yavatmal, date 30/9/2021 (iii) Quash and set aside the Final order No. MPDA-1021/CR-325/Spl. 3B in exercise of the power conferred by sub-sec. (3) of Sec. 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 (Mah. No. LV of 1981), the Government of Maharashtra hereby approves the order of District Magistrate, Yavatmal D.O. No. Home/PoI/Desk-12/WS/990/21 dated 30 th September, 2021 made in respect of Shri Sanjay Soma Shinde, R/o Tadumari, Tq. Kelapur, P.S. Pandharkawada, Dist. Yavatmal to be detained under the said order. Petitioner - Sanjay Soma Shinde be released forthwith if not required in any other crime. 7. Rule is made absolute in above terms.