Ashfaq Shah Jurawar Shah vs The Additional Chief Secretary, ...
2021 Latest Caselaw 15446 Bom

                                                    1                   Cri.W.P.No.552-21-J (2).doc

      IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                    NAGPUR BENCH, NAGPUR

                CRIMINAL WRIT PETITION NO. 552 OF 2021

 Ashfaq Shah Jurawar Shah,
 Aged about 40 years,
 R/o. Kurum, Tq. Murtizapur,
 District - Akola.                                                    ... PETITIONER

                   ----VERSUS----

 1.     Additional Chief Secretary,
        Govt. of Maharashtra,
        Home Department, Mantralaya,
        Mumbai - 440 032

 2.     Collector and District Magistrate,
        Akola, Tq. and District - Akola.

 3.     Sub Divisional Police Officer,
        Murtizapur Sub Division, Murtizapur,
        Tq. Murtizapur, District - Akola.

 4.     Assistant Police Inspector,
        Police Station, Mana.                                    ... RESPONDENTS

 --------------------------------------------------------------------------------------
 Mr. S. J. Kadu, Advocate with Mr. Aadil Mirza, Advocate for Petitioner.
 Shri T. A. Mirza, Additional Public Prosecutor for Non-applicants/State.
 --------------------------------------------------------------------------------------
          CORAM:               M. S. SONAK AND
                               PUSHPA V. GANEDIWALA, JJ.

DATE: 27.10.2021.

JUDGMENT : (PER M. S. SONAK, J.)

1. Heard learned Counsel for the parties.

2. Rule was issued in this petition on 09.07.2020 and the

pleadings are completed.

3. The challenge in this petition is to the impugned

detention order dated 28.06.2021 issued by respondent No.1

under the provisions 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 (said Act).

4. Mr. S. J. Kadu, learned Counsel for the petitioner at the

outset submitted that the issue involved in this petition about

non-consideration and non-communication of bail orders was also

the issue involved in connected Criminal Writ Petition

No.477/2021. He also relies on the decisions of the Division

Bench of this Court in the Case of Criminal Writ Petition

No.677/2020 (Elizabeth Ranibhai Prabhudas Gaikwad Vs. The

State of Maharashtra and Anr.) decided on 15.02.2021 and in the

case of Criminal Writ Petition No.470/2006 (Manoj S/o. Dilip

Trivedi Vs. The State of Maharashtra and Ors.) decided on

02.07.2007.

5. Mr. T. A. Mirza, learned Additional Public Prosecutor

submits that the specific ground about non-consideration and

non-communication of bail orders has not been raised in this

petition and therefore, the detention order may not be interfered

with on this ground.

6. We have considered the rival contentions and also

perused the record.

7. According to us, the issue involved in this Writ Petition

and Writ Petition No.477/2021, is almost identical. True, in this

Writ Petition, there was no specific ground raised about the

non-consideration and non-communication of the bail orders.

However, we find that such ground was specifically raised in the

representation made by the petitioner against the impugned

detention order. This representation is on record and the State

Government has rejected this representation and confirmed the

impugned detention order without adverting to this specific

contention.

8. Having regard to the above circumstance and also the

fact that we are concerned with the liberty of a citizen, we do not

think that this petition should be adjourned any further.

Ultimately, there is no serious dispute on facts and the position of

law is also covered by the two decisions now relied upon by Mr.

Kadu, the learned Counsel. Based on these two decisions, we

have allowed the connected Writ Petition No.477/2021 and

quashed the detention order.

9. Therefore, by adopting the reasoning in our judgment

and order disposing of Writ Petition No.477/2021 and further,

relying upon the aforesaid two decisions of Coordinate Benches,

we quash the impugned detention order as also the order of the

State Government confirming the same.

10. The rule in this petition is made absolute in terms of

prayer clauses - (1) and (2) with the rider that the petitioner must

be released forthwith unless he is required to be detained in any

other matters. There shall be no order for costs.

                       PUSHPA V. GANEDIWALA, J.                     M. S. SONAK, J.




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