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Supreme Court - Daily Orders

Shubham Dashrath Jadhav vs The State Of Maharashtra on 12 November, 2025

Author: Vikram Nath

Bench: Vikram Nath

     ITEM NO.23                             COURT NO.3                         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).      18093/2025

     [Arising out of impugned final judgment and order dated 17-10-2025
     in CRLWP No. 1255/2025 passed by the High Court of Judicature at
     Bombay at Aurangabad]

     SHUBHAM DASHRATH JADHAV                                                      Petitioner(s)

                                                       VERSUS

     THE STATE OF MAHARASHTRA & ORS.                                              Respondent(s)


     Date : 12-11-2025 This petition was called on for hearing today.

     CORAM :
                          HON'BLE MR. JUSTICE VIKRAM NATH
                          HON'BLE MR. JUSTICE SANDEEP MEHTA

     For Petitioner(s) :Mr. Sandeep Sudhakar Deshmukh, AOR
                         Mr. Nishant Sharma, Adv.
                         Mr. Mayur P. Saavarkar, Adv.
     For Respondent(s) :

                         UPON hearing the counsel the Court made the following
                                              O R D E R

The submission advanced by Mr. Sandeep Sudhakar Deshmukh, learned counsel for the petitioner, is to the effect that there is no approval granted to the initial order of detention by the State Government under Section 3(3) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug-offenders, Dangerous persons and Video Pirates Act, 1981 (for Signature Not Verified short ‘MPDA Act’) beyond the period of 12 days as Digitally signed by NEETU KHAJURIA Date: 2025.11.12 19:08:27 IST prescribed therein. As such, the detention order stood Reason: vitiated.

1 He has referred to an order dated 26.09.2025, passed by the State Government which, of course, is beyond the prescribed period 12 days, as detention order is dated 18.08.2025.

A perusal of order dated 26.09.2025 passed by the State Government would reveal that it appears to be an order passed under Section 12 of the ‘MPDA Act pursuant to the recommendation of the Advisory Board and therefore would not be an order under Section 3(3) of the MPDA Act.

Although the petitioner has not averred that there is no order under section 3(3) of the MPDA Act and presumed that order dated 26.09.2025 is the order under Section 3(3) of the MPDA Act, let the respondent- State of Maharashtra respond to the aforesaid submission.

Issue notice, returnable on 01.12.2025. Permission to serve standing counsel for the State of Maharashtra is granted.

(NEETU KHAJURIA) (RANJANA SHAILEY) ASST.REGISTRAR-CUM-PS ASSISTANT REGISTRAR SLP(Crl.) No(s). 18093/2025 2