Bombay High Court
Iqbal Mohammad Gaus Shaikh vs Commissioner Of Police And Ors on 7 March, 2025
Author: Sarang V. Kotwal
Bench: Sarang V. Kotwal
2025:BHC-AS:11317-DB
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION (ST) NO. 22116 OF 2024
Iqbal Mohammad Gaus Shaikh ..Petitioner
Versus
Commissioner of Police, Pune City & Ors. ..Respondents
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Ms. Jayshree Tripathi a/w. Anjali Raut for Petitioner.
Mr. J. P. Yagnik, APP for State/Respondent.
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CORAM : SARANG V. KOTWAL &
SHYAM C. CHANDAK, JJ.
DATE : 7 MARCH 2025 ORAJ JUDGMENT: (Per Sarang V. Kotwal, J.)
1. The Petitioner has challenged the detention order dated 30.08.2024 passed by the Commissioner of Police, Pune city, under the provision 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 (hereinafter referred to as 'MPDA Act'), bearing number O.W.No./CRIME PCB/ DET/ KHADAK/GAUS SHAIKH/703/2024. Along with the detention Digitally signed by VINOD VINOD BHASKAR BHASKAR GOKHALE GOKHALE Date:
2025.03.10 13:26:29 +0530 ::: Uploaded on - 11/03/2025 ::: Downloaded on - 15/03/2025 07:53:32 ::: 2 of 8 3-wp-st-22116-24 order, the Respondent No.1 Commissioner of Police, Pune City, passed the committal order directing that the Petitioner be detained in Akola Central Prison, Akola. The detenue was served with the grounds of detention dated 30.08.2024. The grounds of detention mention the offences registered between 2018 to 2023.
They are referred to in paragraph-3.1, as follows:-
i) C.R.No.3 of 2018 registered with Khadak police station on 03.01.2018.
ii) C.R.No.259 of 2019 registered with Lashkar police station on 11.06.2019.
iii) C.R.No.383 of 2021 registered with Khadak police station on 17.10.2021.
iv) C.R.No.151 of 2023 registered with Khadak police station on 10.05.2023.
2. These offences were under various sections of the Indian Penal Code viz. Section 387, 353, 324, 354 etc. The Respondent No.1 had mentioned in paragraph-2 that on account of those activities, the detenue was habitually committing the offences under Chapters XVI and XVII of the I.P.C., as well as, under Chapter V of the Arms Act and the petitioner was a dangerous person as defined U/s.2(b-1) of the MPDA Act. It was also ::: Uploaded on - 11/03/2025 ::: Downloaded on - 15/03/2025 07:53:32 ::: 3 of 8 3-wp-st-22116-24 mentioned that, his criminal activities were prejudicial to the maintenance of public order. There is a reference to two preventive actions taken U/s.55 of the Maharashtra Police Act and U/s.110(g) of the Cr.P.C., but the detaining authority had clarified that those preventive actions were shown only to highlight the petitioner's desperate tendencies to commit violent crime.
3. Paragraphs-5 and 6 of the grounds of detention refers to two registered offences and two 'in-camera' statements. They are as follows:
i) C.R.No.218 of 2024 registered with Khadak police station on 22.06.2024.
ii) C.R.No.1074 of 2024 registered with Hadapsar police station on 03.07.2024.
4. Two 'in-camera' statements were of the witnesses 'A' and 'B' in respect of the incidents dated 02.07.2024 and 08.07.2024 respectively.
5. Learned counsel for the Petitioner submitted that the allegations in the registered F.I.Rs show that those incidents arose purely out of the personal family dispute. It cannot be said that, ::: Uploaded on - 11/03/2025 ::: Downloaded on - 15/03/2025 07:53:32 ::: 4 of 8 3-wp-st-22116-24 because of these incidents the public order was adversely affected. She further submitted that the 'in-camera' statements appeared to be concocted as they were recorded on 18.07.2024 and 22.07.2024 just to create basis for passing of the detention order. Those incidents were dated 02.07.2024 and 08.07.2024. She, therefore, submitted that the proceedings for passing the detention order was initiated on a false basis, only to issue the detention order.
These are the only submissions made by the learned counsel for the petitioner and no other grounds are raised before us.
6. Learned APP submitted that the earlier offences mentioned herein above from the year 2018 to 2023, by their very nature, affected the public order. The material of these offences is already given to the petitioner. He further submitted that, even otherwise, the 'in-camera' statements which are referred to in the grounds of detention definitely show that those incidents affected the public order. He referred to Section 5A of the MPDA Act and ::: Uploaded on - 11/03/2025 ::: Downloaded on - 15/03/2025 07:53:32 ::: 5 of 8 3-wp-st-22116-24 submitted that, even if some grounds on which the detention order is based are left out, the order is still valid on the remaining grounds, if the requirements of the definition of 'dangerous person' are satisfied.
7. We have considered these submissions. There is some force in the submission of the learned counsel for the Petitioner that C.R.No.131 of 2024 (in the grounds translated in Marathi language, C.R.Number is correctly mentioned as C.R.No.218 of 2024) was in respect of a private dispute which had taken place inside a shop. The second incident in respect of C.R.No.1074 of 2024 of Hadapsar police station may also be a private dispute, however, the incidents mentioned by witnesses 'A' and 'B' had occurred in a public place and the description of those incidents show that it affected the public order.
8. Witness 'A' has stated that on 02.07.2024 at about 9:30p.m. he was going home on his motorcycle. When he was going towards Ramoshi Gate Chowk, he came to the PMT bus stop. He saw that the public on the road were running around and the ::: Uploaded on - 11/03/2025 ::: Downloaded on - 15/03/2025 07:53:32 ::: 6 of 8 3-wp-st-22116-24 shopkeepers were closing their shops in a hurry. Witness 'A' saw that the Petitioner along with his two associates were shouting and were beating anyone who came across them in the street. This witness also tried to leave the place in fear, but the Petitioner stopped him. The Petitioner had a koyta in his hand. He kicked the witness and knocked him down. He abused that witness and removed Rs.800/- from his pocket. He threatened that witness and, therefore, no F.I.R. was lodged.
9. Similarly, witness 'B' has described the incident dated 08.07.2024. At about 10:15p.m. he was going home from his work. When he came infront of Vijay Vallabh School, the petitioner stopped him and removed Rs.750/- from his pocket by showing Koyta. The petitioner slapped him and his accomplice abused him. This happened in a public place.
10. In this view of the matter, it can be seen that, the incidents referred to in the 'in-camera' statements directly affected public order. Therefore, even if C.R.No.218 of 2024 and C.R.No.1074/24 of Hadapsar police station are left out of ::: Uploaded on - 11/03/2025 ::: Downloaded on - 15/03/2025 07:53:32 ::: 7 of 8 3-wp-st-22116-24 consideration, the incidents described by the witnesses 'A' and 'B' were sufficient to reach a conclusion that the Petitioner was a dangerous person and was acting in a manner prejudicial to the maintenance of public order.
11. Section 5A of the MPDA Act reads thus:
"Section 5A - Grounds of detention severable Where a person has been detained in pursuance of an order of detention under Section 3 which has been made on two or more grounds, such order of detention shall be deemed to have been made separately on each of such grounds and accordingly-
(a) Such order shall not be deemed to be invalid or inoperative merely because one or some of the grounds is or are-
(i) vague,
(ii) non-existent,
(iii) not relevant,
(iv) not connected or not proximately
connected with such person, or
(v) invalid for any other reason whatsoever, and it is not, therefore, possible to hold that the State Government or an officer mentioned in subsection (2) of Section 3 making such order would have been satisfied as provided in Section 3 with reference to the remaining ground or ground and made the order of detention;::: Uploaded on - 11/03/2025 ::: Downloaded on - 15/03/2025 07:53:32 :::
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(b) the State Government or such officer making the order of detention shall be deemed to have made the order of detention under the said Section 3 after being satisfied as provided in that Section with reference to the remaining ground or grounds."
12. In view of this clear provision U/s.5A of the MPDA Act and on the basis of statements of witnesses 'A' and 'B', we do not find any fault in the detention order. There is no reason to interfere with the same.
13. Hence, the Petition is dismissed and Rule is discharged. (SHYAM C. CHANDAK, J.) (SARANG V. KOTWAL, J.) ::: Uploaded on - 11/03/2025 ::: Downloaded on - 15/03/2025 07:53:32 :::