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Supreme Court - Daily Orders

Arjun Satpal Kumbhar vs Commissioner Of Police on 5 August, 2025

                                         IN THE SUPREME COURT OF INDIA
                                        CRIMINAL APPELLATE JURISDICTION


                                   CRIMINAL APPEAL NO.          OF 2025
                                       (@ SLP (Crl.) No. 5466/2025)

                         ARJUN SATPAL KUMBHAR                                APPELLANT(S)

                                                       VERSUS

                         COMMISSIONER OF POLICE & ORS.                       RESPONDENT(S)




                                                       O R D E R

1. Leave granted.

2. We have heard the learned counsel appearing for the parties.

3. A detention order was passed against the appellant on 30.09.2024 under 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. The appellant challenged the said detention Signature Not Verified order before the High Court by way of a Writ Digitally signed by Petition. Vide the impugned order, the High SWETA BALODI Date: 2025.08.06 17:21:34 IST Reason:

Court has refused to quash the detention 1 SLP (Crl.) No. 5466/2025 order. Aggrieved, the appellant is before us.

4. The only contention raised by the learned counsel appearing for the appellant is that there is an inordinate period of delay between the date of arrest of the appellant on 05.02.2024 and the passing of the detention order on 30.09.2024 which has not been explained.

5. The learned counsel appearing for the respondent(s) submitted that it is only an administrative delay and on the facts governing the case, there is no need for interference.

6. We are not inclined to accept the said submission as the delay is substantial and huge and there is no proper explanation forthcoming from the respondent(s) for the said period of delay.

7. In view of the same, there arises no need for exercising the power of detention. Certainly, there was no urgent need warranting the issuance of a detention order after such a length of time.

8. In such view of the matter, the impugned order 2 SLP (Crl.) No. 5466/2025 stands set aside. The detention order stands quashed. The appellant shall be released forthwith, unless required in any other case.

9. The appeal is allowed, accordingly.

10. Pending application(s), if any, shall stand disposed of.

………………………………………………………………………J. [M.M. SUNDRESH] ………………………………………………………………………J. [NONGMEIKAPAM KOTISWAR SINGH] NEW DELHI;

5th AUGUST, 2025 3 SLP (Crl.) No. 5466/2025 ITEM NO.25 COURT NO.5 SECTION II-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s). 5466/2025 [Arising out of impugned final judgment and order dated 21-03-2025 in WPST No. 23509/2024 passed by the High Court of Judicature at Bombay] ARJUN SATPAL KUMBHAR Petitioner(s) VERSUS COMMISSIONER OF POLICE & ORS. Respondent(s) FOR ADMISSION and I.R. Date : 05-08-2025 This petition was called on for hearing today.

CORAM : HON'BLE MR. JUSTICE M.M. SUNDRESH HON'BLE MR. JUSTICE NONGMEIKAPAM KOTISWAR SINGH For Petitioner(s) Mr. K. K. Mani, AOR Ms. T. Archana, Adv.

Mr. Suresh Kumar Thakur, Adv. Mr. Kamakhya Narayan Singh, Adv. For Respondent(s) Mr. Shrirang B. Varma, Adv.

Mr. Siddharth Dharmadhikari, Adv. Mr. Aaditya Aniruddha Pande, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted.

The relevant portion of the order reads as under:-

‘ The appellant shall be released forthwith, unless required in any other case.’ 4 SLP (Crl.) No. 5466/2025 The appeal is allowed in terms of the signed order.
Pending application(s), if any, shall stand disposed of.
(SWETA BALODI) (POONAM VAID) ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR (Signed order is placed on the file) 5 SLP (Crl.) No. 5466/2025