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Bombay High Court

SUSHANT ALIAS HARI DINKAR WAYDANDEversusDISTRICT MAGISTRATE AND OTHERS

Disposal
Disposed Off

Holding

The detention order dated 02‑03‑2026 under Section 3 of the MPDA Act is quashed and set aside for procedural defects and lack of a live link to public order.

Summary

Sushant Waydande was preventively detained under the Maharashtra Prevention of Dangerous Activities (MPDA) Act, 1981 by the District Magistrate on 2 March 2026. He challenged the detention, arguing that the proposal was returned with five deficiencies, the order was passed after an unexplained eleven‑month delay, the detaining authority failed to record subjective satisfaction, and the confidential witness statements were not verified. The Court examined the return of the proposal, the delay, the lack of a live and proximate link between the offences and public order, and the procedural lapses. Relying on Supreme Court precedents, the Court held that the detention order was vitiated by these defects. Consequently, the writ petition was allowed, the detention order was quashed, and the petitioner was ordered to be released forthwith.

Issues considered

  • The proposal for detention was returned with deficiencies yet the order was passed without correcting them.
  • Whether the eleven‑month delay between the last offence and the detention order breaks the live and proximate link required under the MPDA Act.
  • Whether the detaining authority recorded independent subjective satisfaction as mandated by the Act.
  • Whether reliance on unverified confidential witness statements renders the order invalid.
  • Whether the offences alleged establish the petitioner as a dangerous person affecting public order under the MPDA Act.

Legislation cited

  • Maharashtra Police Act — s. 56(1)(a), 56(1)(b)
  • Maharashtra Prevention of Dangerous Activities (Slumlords, Bootleggers, Drug Offenders, Dangerous Persons, Video Pirates, Sand Smugglers and Persons engaged in Black‑Marketing of Essential Commodities) Act — s. 2(b)(1), 3, 3(1), 8

Subjects

  • preventive detention
  • MPDA Act
  • subjective satisfaction
  • delay
  • live and proximate link
  • public order
  • quashing of detention order
  • procedural defect

Judgment

                                                       WP-312-2026,J.(CR).doc




     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
             CIRCUIT BENCH AT KOLHAPUR
          CRIMINAL APPELLATE JURISDICTION
             WRIT PETITION NO. 312 OF 2026

1)   Sushant Alias Hari Dinkar Waydande,           ]
     Age: 24 Yrs, R/o Alsand, Tal. Khanapur, ]
     District- Sangli.                             ]
     [Presently detained at:- Sangli District Jail ]
     Sangli].                                      ] … Petitioner
              Versus
1)   District Magistrate, Sangli                 ]

2)   The State of Maharashtra              ]
     (Through Addl. Chief Secretary to     ]
     Government of Maharashtra Mantralaya, ]
     Home Department Mantralaya, Mumbai. ]

3)   The Superintendent Sangli Central Prison, ]
     Sangli.                                   ] … Respondents.

                                ***
Mr. R. M. Haridas a/w Mr. Ritesh M. Thobde, Mr. Somnath Thengal,
Mr. Pushkraj Deshmukh i/by Mr. Darshan Singh Rajpurohit,
Advocates for the Petitioner.
Mr. Anand S. Shalgaonkar, A.P.P. for Respondent-State.
                                ***
                         CORAM : RAJESH S. PATIL &
                                      ABHAY J. MANTRI, JJ.
                  RESERVED ON : 23rd September, 2026.
              PRONOUNCED ON : 07th October, 2026.
JUDGMENT: (PER: ABHAY J. MANTRI, J).

1.        Rule. Rule made returnable forthwith and by consent taken up

for final hearing. Heard the learned Advocate appearing for the


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Petitioner and the learned APP for the State. Perused the record and

the judgments relied upon by the learned Advocate for the Petitioner.


2.           The detenue challenges the order of detention dated 2nd

March 2026, passed by Respondent No. 1, District Magistrate, Sangli,

which the State of Maharashtra confirmed on 14 th May 2026, whereby

he has been preventively detained. The Petitioner challenging the

detention order has preferred this Petition.


3.           On 22nd August 2025, the Sub-Divisional Police Officer,

Jat, Deputy Division, Jat (for short, “SDPO”), through the

Superintendent of Police, District Sangli, submitted a proposal to the

District Magistrate, Sangli, to initiate detention proceedings against

the Petitioner as four offences have been registered against the

Petitioner and he has been indulging in certain criminal activities from

2020 to 2025, which include creating terror by possessing dangerous

weapons, threatening to kill, verbally abusing, committing extortion

and violating the order of externment.


4.           Having considered the proposal, Respondent No. 1-

District Magistrate, after recording his satisfaction that the



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detenue/Petitioner was indulging in activities prejudicial to the

maintenance of public order and, to prevent him from acting in any

manner detrimental to public order, held that it was necessary to pass

the order. Accordingly, he passed the detention order under Section

3(1) 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 (for short, “the MPDA Act”) against

the Petitioner on 02.03.2026. Accordingly, the grounds of the

detention order were communicated to the Petitioner under Section 8

of the MPDA Act. Aggrieved by the same, the Petitioner has preferred

this Petition.


SUBMISSIONS


5.               Learned Advocate   for   the   Petitioner    vehemently

contended that the detention order is patently illegal as it suffers from

basic defects. His main thrust of the argument was that the impugned

order suffers from non-compliance with the mandate laid down under

the provisions of the MPDA Act. He emphasised that, on the

following four grounds, the order suffers from basic defects:


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          (i)     Initially, on 12th November 2025, after recording five

          substantive deficiencies in the proposal, the District Magistrate

          returned it. Despite returning the said proposal, Respondent No.

          1 subsequently approved it without recording any subjective

          satisfaction and passed the impugned order.


          (ii)    There was a delay in passing the impugned order of

          detention from the date of the proposal, thereby snapping the

          “live and proximate link between the prejudicial activities and

          the purpose of detention, and the Detaining Authority failed to

          explain such delay in any manner”.


          (iii)   The Respondent No. 1-Authority erred in relying on the

          fraudulent statements of witnesses.


          (iv)    Respondent No. 1 failed to record his subjective satisfaction

          while passing the impugned order.


6.                During arguments, he took us through paragraphs 2, 4,

and 6 of the reply and the statements of the so-called witnesses A and

B and submitted that the order was passed only on the basis of those

two witnesses' statements. Their statements are stereotyped and,


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therefore, cannot be relied upon. He further drew our attention to the

fact that the last offence was registered on 20 th March 2025; however,

the impugned order was passed belatedly, after 11 months, without

explaining the delay in passing it.


7.           He has drawn our attention to the initial proposal

submitted by the Superintendent of Police to Respondent No. 1 on 3rd

September 2025 (page No. 39), which was returned by the District

Magistrate vide communication dated 12th November 2025, pointing

out five deficiencies therein for passing the detention order (page Nos.

248 and 249). He further submitted that Respondent No. 1, without

verifying the statements of the witnesses and merely based on his

interaction with the Deputy S.P., passed the impugned order, which is

not permissible under the Act.


8.           Lastly, he submitted that the impugned order does not

refer to the reply filed by the detenue before Respondent No. 1 and

that, without recording his subjective satisfaction, he passed the

impugned order. He also submitted that Respondent No. 1 passed the

impugned order mechanically in a very casual and cavalier manner.

Therefore, the impugned order is not sustainable in law, is illegal and

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deserves to be quashed and set aside.


9.              To buttress his submissions, he has relied upon the

following judgments:


                 a) Sushanta Kumar Banik vs. State of Tripura and others 1
                 (for short “Sushanta”)

                 b) T. A. Abdul Rahman vs. State of Kerala and others 2 ( for
                 short “ T. A. Abdul”)

                 c)    Pradeep Nilkanth Paturkar vs. S. Ramamurthi and others 3
                 (for short “ Pradeep”)

                 d) Ram Manohar Lohia vs. State of Bihar and another 4 (for
                 short “Ram”)

                 e)    Arun Ghosh vs. State of West Bengal5

                 f)    Banka Sneha Sheela vs. State of Telangana and others6

                 g)    Ameena Begum vs. State of Telangana and others7

                 h) Mallada K. Sri Ram vs. State of Telangana and others 8
                 (for short “Mallada”)

                 i)    Joyi Kitty Joseph vs. Union of India and others9

                 j)    Dhanya M. vs. State of Kerala and others10

                 k) Arjun Sidram Salgar vs. The State of Maharashtra and
                 anr (for short “Arjun”) (Judgment of this Court in Criminal

1    2022 SCC OnLine SC 1333
2    (1989) 4 SCC 741
3    1993 Supp (2) SCC 61
4    1965 SCC OnLine SC 9
5    1970 (1) SCC 98
6    (2021) 9 SCC 415
7    (2023) 9 SCC 587
8    (2023) 13 SCC 537
9    (2025) 4 SCC 476
10   2025 SCC OnLine SC 1315

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                 Writ Petition No. 254 of 2025)

                 l)   Sourabh Kalu Koli vs. The State of Maharashtra and Ors.
                 (Judgment of this Court in Criminal Writ Petition No. 3380 of
                 2025)

                 m)    Gulab Mehra vs. State of U. P. and others11

                 n)    Khudiram Das vs. The State of West Bengal and others12

10.            On the contrary, Mr. Shalgaonkar, learned APP, strongly

opposed the Petition and submitted that the detaining authority

recorded its subjective satisfaction while passing the impugned order;

therefore, Respondent No. 1 did not fail to record its satisfaction.


11.            The Petitioner acted in a manner prejudicial to the

maintenance of public order, as evidenced by the registration of four

offences against him. He placed on record a chart showing the

criminal history of the Petitioner and submitted that, in view of his

dangerous and harmful activities, preventive action was taken against

him under Section 56(1)(a) and (b) of the Maharashtra Police Act,

1951, in the year 2023; however, he violated the said order. He

submitted that Respondent No. 1-Authority has explained the delay

caused in passing the order. Even if some delay is caused, merely on

the ground of delay, it would not be proper to hold that the detention

11 (1987) 4 Supreme Court Cases 302
12 (1975) 2 SCC 81

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order is illegal. Therefore, he submitted that the dictum laid down in

the judgments relied upon by the learned Advocate for the Petitioner is

not helpful to the Petitioner in support of his submissions.


12.          Lastly, he submitted that the statements of the two

confidential witnesses sufficiently indicate that the detenue has been

continuously and consistently indulging in criminal activities, and that

the ordinary measures of law were not sufficient to restrain him.

Moreover, it was found that his criminal activities disturbed public

order; therefore, the Detaining Authority's satisfaction is proper and

beyond question. He thus submitted that the Petition has no merit.


13.          To buttress his submissions, he relied on the judgment of

this Court in Aman @ Amaan Jamir Shaikh vs. The Commissioner of

Police, Pune City, Pune in Criminal Writ Petition No. 1717 of 2025,

delivered on 15th October 2025, and drew our attention to paragraph

Nos. 11, 16, 18 and 24 of the said judgment and submitted that the

Petitioner's detention was necessary to prevent him from acting in a

prejudicial manner affecting public order. As such, he contended that,

in view of the dictum in the said decision, no interference is warranted

with the impugned order.

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REASONS AND ANALYSIS


14.              We have considered the rival contentions of the parties

and have gone through the record as pointed out by the respective

learned Advocates for the parties. We have also gone through the

judgments relied upon by the learned Advocate for the Petitioner. It is

appropriate to deal with the four crucial objections raised by the

learned Advocate for the Petitioner one by one.


      (i)        Return of the proposal by Respondent No. 1, after

                 recording five substantial deficiencies.


15.              On perusal of the record, it appears that on 3 rd September

2025, the SDPO through the Superintendent of Police submitted the

proposal for detaining the Petitioner under the provisions of the

MPDA Act to Respondent No. 1. Respondent No.1, after recording

five substantial deficiencies, vide communication dated 12 th

November 2025, returned the said proposal. Those deficiencies are as

under:


            a)   Only one offence has been registered against the detenue.

            b) On the basis of the registration of one offence, the
            detenue cannot be termed a habitual offender.

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          c) As per Section 2(b)(1) of the MPDA Act, the detenue
          does not fall under the category of a dangerous person.

          d) Only one offence has been registered against the detenue
          during the last six months. Therefore, it would not be
          appropriate to initiate action under the provisions of the
          MPDA Act against him.

          e) No documents in respect of bail have been produced
          before him.

          Based on the above deficiencies, the proposal was returned.

16.           The Superintendent of Police, vide communication dated

29th November 2025, tried to explain the five deficiencies raised by

Respondent No. 1; however, he has not produced any material beyond

what was earlier placed before the Respondent No. 1 Authority while

submitting the proposal on 3rd September 2025.


17.           Thus, it appears that when Respondent No. 1 initially

returned the proposal for passing the order of detention against the

Petitioner on 12th November 2025, without complying with or

explaining the deficiencies pointed out in the said proposal, it passed

the impugned order. This itself indicates that the impugned order

suffers from serious lacunae and infirmities. Initially, Respondent No.

1 had observed that registration of one offence could not be termed the



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detenue as a dangerous person and that registration of one offence

during the last six months was not sufficient to initiate proceedings

against the detenue under the MPDA Act. Therefore, it would not be

proper to pass the impugned detention order. Accordingly, on this

ground alone, the impugned order is liable to be set aside.

DELAY

18.          It is pertinent to note that the last offence was committed

on 20th March 2025, and the impugned order was passed on 2 nd March

2026, i.e. nearly eleven months after the occurrence of the last

offence. Therefore, in view of the dictum laid down in Sushanta

(supra), delay in passing the order of detention from the date of the

proposal, thereby snapping the live and proximate link between the

prejudicial activities and the purpose of detention, coupled with failure

on the part of the Detaining Authority to explain such delay, renders

the order unsustainable in law. The said decision squarely applies to

the case in hand. Therefore, we find substance in the contention of the

learned Advocate for the Petitioner that Respondent No. 1 failed to

explain the delay caused in passing the impugned order and, therefore,

failed to establish the live and proximate link between the prejudicial

activities and the purpose of passing the detention order.

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FRAUDULENT STATEMENT

19.          Learned Advocate for the Petitioner drew our attention to

the statements of the confidential witnesses recorded by the SDPO and

submitted that both the statements are stereotyped and, therefore,

cannot be relied upon. He submitted that it is not possible for the

witnesses to state identical facts when their statements were recorded

on two different dates. Similarly, he argued that the Detaining

Authority did not verify the said statements; instead, it interacted only

with the SDPO and then concluded that the incident and the fear

expressed by the witnesses were genuine. According to him, such

interaction was not permissible and, therefore, Respondent No. 1,

without recording his subjective satisfaction, erred in passing the

impugned order.


20.          He drew our attention to the communication dated 30 th

August 2025 and submitted that the said communication itself

indicates that the Police Inspector, Vita Police Station, requested the

Superintendent of Police, Sangli, to appoint the SDPO for verification

of the statements of the two confidential witnesses and, accordingly,

the Superintendent of Police, vide communication dated 20th August



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2025, appointed the SDPO to verify the statements. Thus, it appears

that Respondent No. 1 did not verify the witnesses' statements but

only interacted with the SDPO and passed the impugned order. Thus,

it appears that Respondent No. 1 passed the order without verifying

the statements, which is a serious defect.


21.            In Arjun (supra), this Court recorded that Respondent No.

1 has to disclose an independent and meaningful subjective

satisfaction and cannot mechanically pass the order based on in-

camera statements.


REGISTRATION OF THE OFFENCES


22.            One of the grounds raised is regarding the registration of

the four offences. While considering the said fact, it would be

appropriate to reproduce the chart about details of the criminal cases

as under:


 Sr. Police     C. R. No.     Act and Sections     Date of        Present
 No. Station                                     Registration     Status
1     Vita     149/2020     Indian Penal Code 19.05.2020 Pending
                            Sections 509, 323,           before Court
                            504                          R.C.C. No.
                                                         09/2023
2     Vita     471/2023     Indian Penal Code 23.09.2023 Pending


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                         Section 307                       before Court
                                                           Sessions
                                                           Case     No.
                                                           456/2024
3     Vita   40/2025     Maharashtra Police 22.01.2025 Pending
                         Act Section 142               before Court
                                                       S.C.C. No.
                                                       69/2025
4     Vita   315/2024    Bharatiya     Nyaya 20.03.2025    Pending
                         Sanhita     Sections              before Court
                         118(1), 115(2), 352,              R.C. C. No.
                         351(2), 3(5) and                  167/2025
                         Arms Act Sections 4,
                         25.




23.          The criminal cases at Serial Nos. 1 and 2 are from 2020

and 2023, respectively, and are stale offences. Therefore, it cannot be

said that a live and proximate link exists between the detenue's past

conduct and the imperative need to detain him. The offence at Serial

No. 3 is under Section 142 of the Maharashtra Police Act, registered

on the ground that the Petitioner violated the order of externment, and

therefore, the only offence at Sr. no. 4, of the year 2025, i.e. Crime

No. 315 of 2025, registered at Vita Police Station, is the offence based

on which the proceedings were initiated.


24.          The Hon’ble Supreme Court and this Court, in a catena of

judgments, have held that the mere registration of one offence cannot,

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by itself, establish that a person is a dangerous person or that his

activities are prejudicial to the maintenance of public order.


25.          In the case at hand, the said offence was committed

against an individual, not the public at large. The nature of the offence

prima facie does not indicate that the same is heinous or serious;

therefore, it cannot be said that it would affect the maintenance of

public order. A mere apprehension of breach of law and order is not

sufficient to meet the standard of adversely affecting the maintenance

of public order.


26.          Even assuming that the allegations against the detenue in

the said crime are grave, the personal liberty of a detenue cannot be

sacrificed at the altar of preventive detention merely because he is

implicated in criminal proceedings. The powers of preventive

detention are exceptional and even draconian.


27.          Apart from that, to pass an order of detention under the

MPDA Act against any person, the Detaining Authority must be

satisfied that he is a dangerous person within the meaning of Section

2(b)(1) of the MPDA Act or that he habitually commits, or attempts to



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commit, or abets the commission of, any offences punishable under

Chapters XVI and XVII of the Indian Penal Code, 1860.


28.          Section 3 of the MPDA Act provides that the State

Government must be satisfied that a person is required to be detained

to prevent him from acting in any manner prejudicial to the

maintenance of public order.


29.          Section 3(1) of the MPDA Act confers powers on the

District Magistrate or the Commissioner of Police, under the direction

of the State Government, to detain a person on being satisfied that it is

necessary to do so with a view to preventing him from acting in any

manner prejudicial to the maintenance of public order. Public order

shall be deemed to have been affected adversely, or shall be deemed

likely to be affected adversely, inter alia, if any of the activities of the

person referred to in sub-section (4), directly or indirectly, are causing

or are likely to cause any harm, danger or alarm or a feeling of

insecurity among the general public or any section thereof, or a grave

or widespread danger to life, property or public health.




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30.            The Hon’ble Supreme Court in Mallada (supra) has held

that “mere apprehension of a breach of law and order is not sufficient

to meet the standard of adversely affecting the maintenance of public

order”. It has also observed that the personal liberty of the accused

cannot be sacrificed at the altar of preventive detention merely

because a person is implicated in one or more criminal proceedings.

The liberty of a citizen cannot be allowed to be curtailed by reason of

any delay on the part of the State.


31.            In the case of Sushanta (supra), the Hon’ble Supreme

Court, in paragraph Nos. 11 to 13 and 19, has observed as under:


          “11. We are persuaded to allow this appeal on the following
          two grounds:

          (i) Delay in passing the order of detention from the date of
          proposal, thereby snapping the "live and proximate link"
          between the prejudicial activities and the purpose of detention
          & failure on the part of the detaining authority in explaining
          such delay in any manner.

          (ii) The detaining authority remained oblivious of the fact that
          in both the criminal cases relied upon by the detaining
          authority for the purpose of passing the order of detention, the
          appellant detenu was ordered to be released on bail by the
          special court. The detaining authority remained oblivious, as
          this material and vital fact of the appellant detenu being
          released on bail in both the cases was suppressed, or rather
          not brought to the notice of the detaining authority by the
          sponsoring authority at the time of forwarding the proposal to
          pass the appropriate order of preventive detention.

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          DELAY IN PASSING THE ORDER OF DETENTION

          12.   We may recapitulate the necessary facts which have a
          bearing so far as the issue of delay is concerned. The
          proposal to take steps to preventively detain the appellant at
          the end of the Superintendent of Police addressed to the
          Superintendent of Police (C/S) West Tripura, Agartala is
          dated 28th of June 2021. The proposal, in turn, forwarded by
          the Assistant Inspector General of Police (Crime) on behalf
          of the Director General to the Secretary, Home Department,
          is dated 14.07.2021. The order of detention is dated 12 th of
          November, 2021. There is no explanation worth the name as to
          why it took almost five months for the detaining authority to
          pass the order of preventive detention.

          13.  There is indeed a plethora of authorities explaining the
          purpose and the avowed object of preventive detention in
          express and explicit language. We think that all those
          decisions of this Court on this aspect need not be
          recapitulated and recited. But it would suffice to refer to the
          decision of this Court in Ashok Kumar v. Delhi
          Administration, (1982) 2 SCC 403, wherein the following
          observation is made:

          "Preventive detention is devised to afford protection to society.
          The object is not to punish a man for having done something
          but to intercept before he does it and to prevent him from
          doing it."

          x

          xx

          xxx

          19. Chinnappa Reddy. J. speaking for the Bench in Bhawarlal
          Ganeshmalji v. State of Tamil Nadu, (1979) 1 SCC 465, has
          explained as follows:

          "It is further true that there must be a "live and proximate
          link" between the grounds of detention alleged by the
          detaining authority and the avowed purpose of detention,
          namely the prevention of smuggling activities. We may in

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          appropriate cases assume that the link is "snapped" if there is
          a long and unexplained delay between the date of the order of
          detention and the arrest of the detenu. In such a case, we may
          strike down an order of detention unless the grounds indicate
          a fresh application of the mind of the detaining authority to
          the new situation and the changed circumstances. But where
          the delay is not only adequately explained but is found to be
          the result of the recalcitrant or refractory conduct of the
          detenu in evading arrest, there is warrant to consider the
          "link" not snapped but strengthened."

                                             (Emphasis supplied).”

32.            In the case of T. A. Abdul (supra), the Hon’ble Supreme

Court, in paragraph No. 10, has observed as under:


          “10. The     conspectus of the above decisions can be
          summarised thus: The question whether the prejudicial
          activities of a person necessitating to pass an order of
          detention is proximate to the time when the order is made, or
          the live-link between the prejudicial activities and the purpose
          of detention is snapped, depends on the facts and
          circumstances of each case. No hard and fast rule can be
          precisely formulated that would be applicable under all
          circumstances, and no exhaustive guidelines can be laid down
          in that behalf. It follows that the test of proximity is not a rigid
          or mechanical test by merely counting the number of months
          between the offending acts and the order of detention.
          However, when there is undue and long delay between the
          prejudicial activities and the passing of detention order, the
          court has to scrutinise whether the detaining authority has
          satisfactorily examined such a delay and afforded a tenable
          and reasonable explanation as to why such a delay has
          occasioned, when called upon to answer and further the court
          has to investigate whether the causal connection has been
          broken in the circumstances of each case.”




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33.            In the case of Pradeep (supra), the Hon’ble Supreme

Court, in paragraph No. 13, has observed as under:


          “13.         Coming to the case on hand, the detention order
          was passed after 5 months and 8 days from the date of the
          registration of the last case and more than 4 months from
          submission of the proposal. What disturbs our mind is that the
          statements from the witnesses A to E were obtained only after
          the detenu became successful in getting bail in all the
          prohibition cases registered against him, that too in the later
          part of March 1991. These statements are very much referred
          to in the grounds of detention and relied upon by the detaining
          authority along with the registration of the cases under the
          Act.”

34.            In Ram (supra), the Hon’ble Supreme Court interpreted

the expression “public order” in paragraph Nos. 51 and 52 and,

therefore, in paragraph No. 53, held that the meaning of the expression

“public order” is distinct from expressions such as “public safety” and

“security of the State.”


35.            To summarise the above discussion, it appears that

initially, vide communication dated 12th November 2025, Respondent

No. 1-Authority returned the proposal for passing the detention order

and, without complying with the defects mentioned in the said letter or

explaining the same, merely on the basis of the further communication

dated 29th November 2025, passed the impugned order. Therefore, the


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said order suffers from the defects already noticed in the

communication dated 12th November 2025. Secondly, it appears that

the offence was registered on 20th March 2025 and the impugned order

was passed on 2nd March 2026, i.e. nearly eleven months thereafter.

This fact itself indicates that the order of detention has failed to advert

to the material aspects and suffers from non-application of mind on

the part of the Detaining Authority to the fact that the conditions

imposed on the detenue while granting bail had been duly fulfilled.

Therefore, the impugned order suffers from delay and laches, and such

delay does not serve the purpose for which it was passed. Thirdly,

there is no nexus or live link between the last offence registered

against the Petitioner and the detention order passed by the Authority.


36.          Consequently, the order of detention suffers from a

serious infirmity and defect that goes to the root of the matter. The

liberty of the detenue is an extremely precious right which cannot be

taken away by passing the impugned order without the requisite

satisfaction being recorded by Respondent No. 1-Authority. Fourthly,

Respondent No. 1 has not verified the confidential statements of the

witnesses recorded by the SDPO and, therefore, it cannot be said that


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the order passed by the Authority is justified or that, on the basis of

the said statements, it can be held that the activities of the detenue

would cause disturbance to public order. No material was placed

before Respondent No. 1-Authority in respect of the bail orders, and

this lacuna, in our opinion, vitiated the satisfaction reached by the

Detaining Authority, as it was deprived of the opportunity to consider

the relevant material, though the same was available.


37.          In the light of the above discussion and the dictum laid

down by the Hon’ble Supreme Court and this Court in the above-cited

decisions, it is apparent that Respondent No. 1 failed to record its

subjective satisfaction while passing the detention order nearly after

eleven months. Therefore, in our opinion, in the present case, for more

than one reason, including non-recording of subjective satisfaction,

delay and laches, and failure to explain the delay and laches while

passing the impugned order, the order passed by Respondent No. 1

cannot be sustained in the eyes of law and stands vitiated.


38.          In the result, the Writ Petition is allowed in terms of prayer

clause (c), which reads as under:




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                                                                               WP-312-2026,J.(CR).doc




                                      “(c)       The order of Detention bearing No.
                                      Home-1/Section-6/MAG-1/MPDA/SR-02/2025
                                      dated 02.03.2026 issued under Section 3 of
                                      M.P.D.A. Act 1981 by the Respondent No. 1 be
                                      quashed and set aside and on quashing the same
                                      the Petitioner be ordered for release forthwith.”

                        39.         Needless to clarify, the Detaining Authority-Respondent

                        No.1 is directed to forthwith release the Petitioner, if not required in

                        any other case.


                        40.         Rule is made absolute in the above terms. No order as to

                        costs.


                        41.         The Petition is disposed of in the above terms.




                        (ABHAY J. MANTRI, J.)                        (RAJESH S. PATIL, J.)

           Digitally
           signed by
           TALLE
TALLE      SHUBHAM
SHUBHAM    ASHOKRAO
ASHOKRAO   Date:
           2026.10.07
           15:15:34
           +0530




                        Shubham                              23


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