2017 (1) ABR (Cri) 400 ::(2017) 1 BomCR(Cri) 588 ::(2017) 1 Mh LJ (Cri) 201 ::2017 AllMR(CRI) 416

Bombay High Court

Hon'ble Judge(s): S. S. Shinde, K. K. Sonawane , JJ

(A) Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders and Dangerous Persons Act (55 of 1981) S. 3 — Preventive detention — Application of mind — Detaining authority was not made aware of judgment passed by Court acquitting detenu — Resulting in non-application of mind by detaining authority to said fact — Vitiating requisite subjective satisfaction — Thus rendered detention order invalid

(B) Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders and Dangerous Persons Act (55 of 1981) S. 3 — Preventive detention — Subjective satisfaction — In-camera statements of witnesses — Detaining authority relying upon report submitted by Assistant Commissioner of Police — Detaining authority himself not verifying truthfulness of incidents stated by witnesses in their in-camera statements — Detaining authority also considering extraneous material — Vitiating subjective satisfaction of detaining authority — Detention vitiated thereby (Paras 11, 13)