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Bombay High Court

RAJESH ALIAS BHOLA BANDU NATKARversusTHE DISTRICT MAGISTRATE BEED AND OTHERS

Disposal
RULE ABSOLUTE

Holding

The detention order is invalid as it lacks the requisite subjective satisfaction and is punitive, and is therefore quashed.

Summary

The petitioner, Rajesh Natkar, was detained for twelve months under the Maharashtra Prevention of Dangerous Activities (MPDA) Act on the ground that he was a sand smuggler. The detention order relied on a single recent offence and two in‑camera statements of confidential witnesses, which the petitioner argued were vague, individual incidents and did not demonstrate a disturbance of public order. The respondents contended that the material was sufficient and cited the Harish Patil case to support the detention. The Court examined the statements, noted they were stereotyped and did not show a broader impact on the community, observed that a bond for good behaviour under the BNSS had not been cancelled, and found the detaining authority had not recorded the required subjective satisfaction. Consequently, the Court held the order to be punitive rather than preventive and quashed it, ordering the petitioner’s immediate release.

Issues considered

  • Whether the detention order under the MPDA Act is valid in the absence of a live link between the alleged offence and a threat to public order.
  • Whether the in‑camera statements of confidential witnesses establish a disturbance of public order sufficient for preventive detention.
  • Whether the failure to cancel the bond under the BNSS before invoking preventive detention vitiates the required subjective satisfaction.
  • Whether the precedent set in Harish Patil v. State of Maharashtra is applicable to the present facts.

Legislation cited

  • Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 129, 35(3)
  • Bharatiya Nyaya Sanhita, 2023 — s. 303(2), 305(E)
  • Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug-offenders, Dangerous Persons, Video Pirates, Sand Smugglers, Persons Engaged in Black-Marketing of Essential Commodities, Illegal Gambling, Illegal Lottery and Human Trafficker Act, 1981 — s. 12(1), 3(2)

Subjects

  • preventive detention
  • sand smuggling
  • public order
  • subjective satisfaction
  • MPDA Act
  • BNSS
  • in‑camera statements
  • bond for good behaviour
  • quash

Judgment

2026:BHC-AUG:45589-DB

                                                                   322.26WP.odt


                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                          CRIMINAL WRIT PETITION NO. 322 OF 2026

                          Rajesh @ Bhola Bandu Natkar,
                          Age : 27 years, Occupation : Agril,
                          R/o. Rakshasbhuvan, Tq : Georai,
                          Dist : Beed.
                                                            ... PETITIONER

                               VERSUS

                   1.     The District Magistrate,
                          Beed.

                   2.     Superintendent of Police,
                          Beed.

                   3.     The State of Maharashtra
                          (Through the Secretary Home Department (Spl)
                          Mantralaya, Mumbai.

                   4.     The Superintendent Aurangabad
                          Central Prison, Aurangabad.
                                                          ... RESPONDENTS

                                               ...
                   Mr. S.B.Solanke, Advocate for the Petitioner
                   Mr. Govind A. Kulkarni, APP for Respondent nos.1 to 4.
                                               ...

                         CORAM                : SANDIPKUMAR C. MORE &
                                                VAISHALI PATIL-JADHAV, JJ.

                         RESERVED ON   : 9th September, 2026
                         PRONOUNCED ON : 30th September, 2026




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JUDGMENT [Per : Vaishali Patil-Jadhav, J.] :

.            Rule. Rule made returnable forthwith. Heard

finally at the admission stage with the consent of learned

advocates for the parties.


2.           By this petition, the petitioner challenges the

detention order dated 20.12.2025 bearing No. 2025/RB-

Desk-1/Pol-1/MPDA-27, passed by Respondent No. 1-

District Magistrate, Beed, in exercise of the powers under

Section 3(2) of the Maharashtra Prevention of Dangerous

Activities   of   Slumlords,      Bootleggers,   Drug-offenders,

Dangerous     Persons,    Video    Pirates,   Sand     Smugglers,

Persons      Engaged     in   Black-Marketing     of     Essential

Commodities, Illegal Gambling, Illegal Lottery and Human

Trafficker Act, 1981 (hereinafter referred to as “MPDA”) and

the confirmation order dated 11.02.2026 bearing No.

MPDA-1225/CR-729/Spl-3B, passed by Respondent No. 3-

State Government in exercise of the powers under Section

12(1) of the MPDA. By the impugned detention order, the

petitioner is directed to be detained for a period of 12

months on the ground that the petitioner is a “sand



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              smuggler” within the meaning of Section 2 (e-2) of the

              MPDA.


              3.           The impugned detention order is passed on a

              proposal submitted by the Assistant Police Inspector,

              Chaklamba Police Station, Dist.- Beed. The proposal has

              been routed through the Sub-Divisional Police Officer, the

              Sub-Division Georai, Dist.- Beed and the Superintendent of

              Police, Beed, and eventually placed before the respondent

              No.1 – District Magistrate, Beed, who claims to have arrived

              at a subjective satisfaction that the petitioner’s detention is

              necessary to prevent him from acting in a manner

              prejudicial to public order. The record reflects registration

              of five (05) past criminal cases and one preventive action

              taken against the petitioner. The reference chart showing

              criminal record of the petitioner, is reproduced hereunder:-


Sr.   Police         Cri. No.    Section            Date of        Present
No.   Station                                       Registration   Status
01    Gondi, Dist.   248/2021    U/sec. 379, 34 IPC                Pending
      Jalna                      r.w. sec.48(7), (8)               before Court
                                 Mah. Land Revenue
                                 Act
02    Chaklamba      42/2023     U/sec. 324, 323, 20.02.2023       Pending
                                 504, 506, 34 IPC                  before Court
03    Chaklamba      208/ 2024   U/sec. 303(2) BNS, 25.07.2024     On
                                 sec.   48(7),  48(8)              Investigation
                                 Mah. Land Revenue
                                 Code

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04   Chaklamba     174/2025   U/sec.   303,   3(5) 18.05.2025    On
                              BNS                                Investigation
05   Chaklamba     361/2025   U/sec.       303(2), 16.10.2025    On
                              305(E) BNS                         Investigation



           4.             Learned advocate for the petitioner submits

           that:

                     1)    The last crime considered for passing the
                     detention order on 20.12.2025 was registered on
                     16.10.2025. The gap between the crime considered
                     and the detention order, snaps the live link and
                     demonstrates    no   imminent    threat    or   pressing
                     urgency for taking action against the petitioner.

                     2)    The detention order does not discuss the
                     petitioner’s arrest or bail status in the relied-upon
                     crime, which shows non-application of mind. The
                     record reveals that, a notice under Section 129 of
                     the Bharatiya Nagarik Suraksha Sanhita, 2023 (for
                     short ‘BNSS, 2023’) was served on the petitioner,
                     directing him to furnish a bond for good behaviour
                     on 11.11.2025. This fact was not considered while
                     passing the detention order.

                     3)    The   in-camera   statements    of   confidential
                     witnesses “A” and “B” are vague and stereotyped.
                     The incidents stated are against specific individuals
                     and do not establish that the petitioner's activities
                     disturbed public order. At the most, they may
                     amount to a breach of law and order.

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            It is lastly submitted that as the detention order

is passed without proper application of mind and without

recording the requisite subjective satisfaction, the same is

liable to be quashed and set aside.


            In support of his submissions, learned advocate

has placed reliance on the judgments in Keshav Madhav

Vaibhat Vs. District Magistrate, Jalna and Ors. reported

in 2026 LJ Soft (BOM) 1906, Nilofer Ramjan Shaikh Vs.

Commissioner of Police, Pune City and Ors. reported in

MANU/MH/9401/2025, Ameena Begum Vs. The State of

Telangana & Ors. reported in MANU/SC/0966/2023,

Pebam Ningol Mikoi Devi Vs. State of Manipur reported

in MANU/SC/0758/2010, Hasan Khan Ibne Haider Khan

v.   R.H.      Mendonca       and     Ors.     reported       in

MANU/SC/0183/2000 and Amanulla Khan Vs. State of

Gujarat reported in MANU/SC/0396/1999.


5.          Per contra, learned APP while supporting the

impugned order submitted that:


       1)    There is no delay in passing the detention
       order that would snap the live link. The proposal

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        was processed through the appropriate channels in
        a timely manner and was confirmed by the State
        Government.

        2)    Though    the   petitioner   was    arrested       and
        released on bail, he has again indulged in ‘sand-
        smuggling’ activities and committing offences.

        3)    The   in-camera    statements      of   confidential
        witnesses are not vague. They specify the date,
        time, and place of the incidents and were duly
        verified by the authorities. They corroborate that
        the petitioner’s criminal activities have generated
        fear among residents within the jurisdiction of
        Police Station, Chaklamba and adjoining areas,
        preventing them from coming forward to report
        against him.

             Learned APP lastly submitted that the order of

detention was passed on proper application of mind and

subjective satisfaction that the petitioner’s activities are

prejudicial to public order, based on his criminal record

and verified in-camera statements, and prayed for dismissal

of the petition.


             In support of his submissions, learned APP has

placed reliance on the judgment of this Court in Harish

Patil Vs. The State of Maharashtra & Ors.; Criminal


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Writ Petition No. 1398 of 2016, dated 10.10.2016, to

submit that illegal sand mining activities have grave

consequences that affect public order and, therefore, the

detention order in the present case is sustainable.


6.         Heard learned advocate Mr. S. B. Solanke for the

petitioner and learned APP Mr. G. A. Kulkarni for the

respondent-State. With the assistance of the learned

advocates, we have perused the petition, affidavit-in-reply,

original record and the citations relied upon by both the

sides.


7.         Although five offences are registered against the

petitioner, while passing the impugned detention order, the

detaining authority has considered only one recent offence,

i.e., C.R. No. 361 of 2025 registered with Chaklamba Police

Station, Tal.- Georai, Dist.- Beed on 16.10.2025, under

Sections 303(2), 305(E) of the Bharatiya Nyaya Sanhita,

2023 (for short ‘BNS’), and two in-camera statements of

Confidential Witnesses 'A' and 'B' to declare the petitioner a

“Sand Smuggler”.




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8.          In the present case, we have carefully perused

the in-camera statements of confidential witnesses ‘A’ and

‘B’.


            Witness ‘A’ has stated that on 12.11.2025 at

10.00 am, while he was standing at Umapur Phata, the

petitioner came there, abused him and said, “why are you

giving information of my sand vehicles to police, due to it

police are affecting raid on me and registering the offences.”

When the witness denied giving any information about the

petitioner’s sand business to the police, the petitioner,

without listening to him, assaulted him by means of kick

and fist blows, removed a knife from his waist and placed it

on his neck.


            The   incident,   as   narrated,   is   essentially

individual in nature and was directed specifically against

the witness for his alleged act of passing on information to

the police about the petitioner’s sand business and

vehicles. The assault and threat were personal to the

witness and arose from a private grievance. There is no

material to show that the incident caused any disturbance

to the public at large.
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9.         Witness ‘B’ has stated that on 17.11.2025 at

10.00 am, while he was standing in front of Shani Mandir,

the petitioner came there and asked him why he was not

coming for the work of filling his sand vehicle for Rs.300/-

per day in the Godavari river bed. The witness replied that

he had work elsewhere for Rs.500/- per day and, therefore,

could not come to fill the petitioner’s sand vehicles. He

further told the petitioner that he should close his illegal

sand business, as excavation of sand from the Godavari

river was reducing the sand level and could give rise to a

drought-like situation. On that, without listening to him,

the petitioner assaulted him.


           The incident narrated is again personal in

nature and arose from the witness's refusal to work for the

petitioner and his advice to the petitioner to stop the illegal

sand business. The statement does not disclose any specific

act of the petitioner which caused disturbance to public

order. The incident is confined to the individual witness

and does not establish that the petitioner's activities had a

wide impact on the community at large.




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10.        It is significant to note that both the confidential

witnesses have, in almost identical phraseology, stated that

on seeing the incident, persons fled away and shopkeepers

shut their shops and tapris. Such verbatim repetition

renders the statements stereotyped and mechanical. It

appears that the said sentence has been introduced in both

statements merely to create an impression that the

petitioner’s acts affected public order.

           At this stage, it is necessary to bear in mind the

distinction between “law and order” and “public order”, as

observed by the Hon’ble Supreme Court in Ameena Begum

Vs. The State of Telangana & Ors., reported in 2023

INSC 788. For an act to qualify as a disturbance to public

order, the specific activity must have an impact on the

broader community or the general public, evoking feelings

of fear, panic or insecurity. Not every case of a general

disturbance to public tranquillity affects public order.

           The mere fact that shopkeepers shut their shop

shutters and persons fled from the spot does not establish

that the tempo of life of the community was disturbed. At

the most, it shows a temporary reaction to a law and order

situation arising from an individual incident. There is no

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material to show that the public at large was affected or

that the ordinary law was unable to deal with the situation.

The in-camera statements, therefore, do not furnish a valid

basis for preventive detention.


11.        The record further reveals that in C.R. No. 174

of 2025, registered on 18.05.2025, a notice under Section

35(3) of the BNSS, 2023 was served upon the petitioner on

18.05.2025 itself. Only the said notice was issued and the

petitioner was not arrested. This indicates that the

authorities did not consider it necessary to arrest him.

Thereafter, C.R. No. 361 of 2025 came to be registered on

16.10.2025, which is the last crime considered by the

detaining authority while passing the impugned detention

order. In connection with the preceding activities of the

petitioner, Chapter Case No. 23 of 2025 was initiated

against him on 11.11.2025. In the said chapter case, the

petitioner was asked to execute a final bond for good

behaviour under Section 129 of the BNSS, 2023, and

accordingly, the petitioner executed the final bond for good

behaviour on 25.11.2025, that is, after registration of the

last crime considered, namely C.R. No. 361 of 2025. After



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execution of the said final bond, no offence was registered

against the petitioner.


12.         The detention proceedings were initiated by the

sponsoring authority by recording the statements of

confidential witnesses on 25.11.2025 and 30.11.2025

respectively. It is, however, material to note that the

incidents narrated by the confidential witnesses are alleged

to have occurred on 12.11.2025 and 17.11.2025, that is,

prior to the execution of the final bond for good behaviour

by the petitioner on 25.11.2025. There was, therefore, no

justification for the detaining authority to initiate the

detention proceedings or pass the detention order without

first seeking cancellation of the bond secured from the

petitioner. If the situation was so imminent and pressing,

the authorities ought to have resorted to cancellation of the

bond    rather   than     invoking    the   preventive    detention

proceedings. No steps were taken for cancellation of the

bond. The non-consideration of this material fact vitiates

the    subjective   satisfaction     and    demonstrates        non-

application of mind.


13.         Moreover,      along     with   the   proposal,      the

sponsoring authority had produced all the record and
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documents, including the papers relating to the initiation of

the chapter proceedings and the final bond obtained from

the petitioner. However, the detaining authority has not

taken the same into consideration while passing the

detention order, and there is no mention thereof in the

detention order.


14.        The petitioner was served with a notice under

Section 35 (3) of the BNSS, which itself shows that the

authorities felt no necessity of his arrest in connection with

C.R.No. 361 of 2025, i.e., the last offence considered.

Despite this fact, it is simply stated in paragraph 8 of the

detention order that “it is also seen that after releasing on

bail you are involving in committing such type of offences,

therefore, it is necessary to detain you.” Similarly, in the

affidavit-in-reply, it is stated that “even after arrest and

release on bail, the petitioner reiterated his indulgence in

sand-smuggling activities and committing offences”.     These

observations demonstrate the haphazard and mechanical

manner in which the detention order is passed.

15.        We have carefully perused the judgment relied

on by the learned APP in Harish Patil (supra). This Court

in the said case, while upholding the detention order,
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observed in paragraph 36 that sand smuggling from river

banks affects the water table and water level, thereby

affecting the public in general and farmers in particular.

The Court also observed that sand smugglers create terror

in the vicinity and are a menace to public order.


16.         We find that the said judgment is factually

distinguishable from the present case. In the said case,

there were specific allegations in the in-camera statements

that the detenu had threatened and assaulted villagers,

created a reign of terror, and prevented farmers from going

to their fields at night, causing them great loss. The Court

found that the activities of the detenu had affected not just

individuals but the residents of several villages, thereby

amounting to a disturbance of public order.


            In the present case, the in-camera statements

do not disclose such grave allegations. The incidents

disclosed   are   of   an   individual   nature   and   do   not

demonstrate that the petitioner's activities had a wide-

ranging impact on the community at large, as was the case

in Harish Patil (supra).




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17.        Moreover, the observations in paragraph 36 of

Harish Patil (supra) are, at best, obiter dicta and cannot

be treated as a ratio decidendi and thus, cannot be applied

to all cases of sand smuggling. The reliance placed by the

learned APP on the judgment is therefore misplaced. The

said judgment, being distinguishable on facts, does not

advance the case of the respondents.


18.        Before parting, we deem it appropriate to restate

the settled legal position regarding preventive detention.

Before passing an order of detention, the detaining

authority must keep in mind that recording of subjective

satisfaction by the detaining authority in an order of

preventive detention is a sine qua non for passing a valid

order of preventive detention.   This Court is conscious of

the position that, while deciding the validity of an order of

preventive detention, it cannot decide whether there was

adequacy of material before the detaining authority. This

Court can only examine whether there was material before

the   detaining   authority   and   whether   the    detaining

authority has recorded subjective satisfaction that the

grounds provided in the statute for passing an order of

detention exist. The order of preventive detention is an

                                                        15
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order of a very drastic nature. The result of passing an

order of preventive detention is to deprive the detenu of his

liberty without trial. Therefore, an order of preventive

detention cannot be passed in a casual manner. Passing of

an order of preventive detention involves careful application

of mind and recording of subjective satisfaction on the

basis of the material on record that the grounds of

detention provided by the statute exist.


19.        From the aforesaid discussion, it is evident that

the   impugned      detention   order   suffers   from      several

infirmities. The detaining authority did not consider the

fact that the police authorities did not find it necessary to

arrest the petitioner in the crime considered i.e. C.R.No.

361 of 2025 and he was only served with a notice under

Section 35 (3) of the BNSS; though a final bond for good

behaviour under Section 129 of the BNSS was executed on

25.11.2025 and no offence was registered thereafter, the

authority neither considered nor sought cancellation of the

bond before resorting to preventive detention; the in-

camera statements narrate individual incidents and are

stereotyped   and     mechanical,   and    do     not     establish

disturbance to public order; the solitary recent crime and

                                                            16
                                                     322.26WP.odt


the said statements do not furnish sufficient material to

conclude that the petitioner’s activities were prejudicial to

maintenance of public order and that ordinary law was

incapable of dealing with the same; and the observation

that the petitioner continued illegal activities after release

on bail is unsupported by any cogent material. These

infirmities go to the root of the decision-making process

and vitiate the subjective satisfaction.


20.         In view of the discussion made hereinabove, we

are of the considered opinion that the detention order has

ceased to be preventive, as it should be in law, and has

instead become punitive and must therefore be struck

down.    The impugned detention order suffers from non-

application of mind and non-recording of the requisite

subjective satisfaction.


21.         Hence, the following order is passed:-


                            ORDER

(i)    The Writ Petition is allowed.

(ii)   The detention order dated 20.12.2025 bearing No.

2025/RB-Desk-1/Pol-1/MPDA-27, passed by Respondent

No. 1-District Magistrate, Beed and confirmation order

                                                         17
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dated 11.02.2026 bearing No. MPDA-1225/CR-729/Spl-3B,

passed by Respondent No. 3-State Government are hereby

quashed and set aside.

(iii)   The Petitioner- Rajesh @ Bhola Bandu Natkar shall be

released forthwith, if not required in any other offence.

(iv)    Rule is made absolute in the above terms.




[VAISHALI PATIL-JADHAV]          [SANDIPKUMAR C. MORE]
          JUDGE                          JUDGE


DDC




                                                        18


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