Nagpur :- The Nagpur Bench of the Bombay High Court has quashed the detention order issued against the petitioner by the District Magistrate, Bhandara, under Section 3(2) of the Maharashtra Prevention of Dangerous Activities Act, 1981 (MPDA Act). The Court found that the detention order was passed without proper application of mind, as it was based on a single crime (Crime No. 655 of 2024) with no clear impact on public order.
The Court noted that the detaining authority failed to consider the bail order, which highlighted delays in filing the FIR and raised doubts about the credibility of the case. Additionally, the two confidential witness statements used to justify the detention were found to be identical and unverified, further weakening the authority’s claim.
The petitioner was represented by Advocate MIR NAGMAN ALI who argued that the detention order was based on insufficient and unverified evidence. The counsel highlighted that the co-accused in the same case had already been granted relief by the Court, emphasizing the inconsistency and lack of proper reasoning by the detaining authority.
Citing the quashing of the co-accused’s detention order, Justice NITIN W. SAMBRE AND Justice VRUSHALI V. JOSHI ruled that the petitioner’s detention lacked valid grounds and ordered their immediate release, provided they are not required in any other case.
Adv Mir Nagman Ali appeared for Kunal Chunne
