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Documents citing Vasudev Mahadev Surve vs The State Of Maharashtra, Home Dept ... on 16 December, 2021

Chandbee W/O Usmaan Patel vs State Of Mha. Thr. Home Dep. (Special) ... on 3 March, 2023

"3. We find from the grounds of detention that two crimes, bearing Crime No. 451 of 2022 for an offence punishable under Sections 65(d) of the Maharashtra Prohibition Act, 1949 and Crime No. 265 of 2022 for an offence punishable under Sections 65(k)(d)(f) of the Maharashtra Prohibition Act, 1949 both registered at Police Station Ramdas Peth, Akola were not considered to be so serious by the Police as to warrant arrest of the petitioner in each of these crimes. If this is so, in our view, the learned counsel for the petitioner is right in his submission that when a particular criminal activity of the detenue is not considered to be so serious as to warrant his arrest under the regular law, his detention under the law relating to preventive detention would be wholly unjustified. This is also the view taken by this Court and also Co-ordinate Benches of this Court in the cases as Vasudev Mahadev Surve Vs. The State of Maharashtra and Another in Criminal Writ Petition No. 592 of 2021, decided on 16.12.2021, Hanif Karim Laluwale Vs. State of Maharashtra and others, in Criminal Writ Petition No. 75 of 2022, decided on 28.06.2022, Kasam Kalu Nimsurwale Vs. State of Maharashtra and another, in Criminal Writ Petition No. 269 of 2022, decided on 26.07.2022 and Akshay Kishor Madavi Vs. State of Maharashtra and others, in Criminal Writ Petition No. 258 of 2022, decided on 19.08.2022.
Bombay High Court Cites 16 - Cited by 0 - V G Joshi - Full Document

Atahar Khan Amir Khan vs State Of Mah. Thr. Its Secretary Home ... on 21 April, 2023

2051, Vasudev Mahadev Surve Vs. The State of Maharashtra and anr. in Criminal Writ Petition No.592/2021, decided on 16.12.2021, Hanif Karim Laluwale Vs. State of Maharashtra and Ors., in Criminal Writ Petition No.75/2022, decided on 28.06.2022, Chattu s/o Ramjan Naurangabadi Vs. The State of Maharashtra in Criminal Writ Petition No.78/2022, decided on 11.07.2022, Sanjay s/o Ramlal Shahu Vs. State of Maharashtra and anr., in Criminal Writ Petition No.768/2015 decided on 01.02.2016, Pratap s/o Ajay Kharare Vs. The State of Maharashtra and Ors., in Criminal Writ Petition No.531/2021 decided on 28.10.2021.
Bombay High Court Cites 21 - Cited by 0 - V G Joshi - Full Document

Kasam Kalu Nimsurwale vs The State Of Mah., Thr. Home Dept. ... on 26 July, 2022

In both the cases i.e. Vasudev Mahadev Surve vs. State of Maharashtra and anr. (Judgment and order dated 16.12.2021 passed in Criminal Writ Petition No. 592 of 2021) and Hanif Karim Laluwale vs. State of Maharashtra and others (Judgment and order dated 28.06.2022 passed in Criminal Writ Petition No.75 of 2022), in identical circumstances, it was held that when the police authorities did not even deem it necessary or appropriate to arrest the petitioner herein for offences on which reliance was placed in the impugned detention orders, and this fact was not placed before the detaining authority, the detention orders stood vitiated and deserved to be quashed.
Bombay High Court Cites 5 - Cited by 3 - M Pitale - Full Document

Vijay Ramdas Bende vs The State Of Mha.T Hr. Home Dep. ... on 19 December, 2022

3. We find from the grounds of detention that two crimes, bearing No. 126 of 2022 and 293 of 2021 each of which registered for an offence punishable under Sections 65(d) of the Maharashtra Prohibition Act, 1949 at Police Station Brahmanwada Thadi, Amravati Rural were not considered to be so serious by the Police as to warrant arrest of the petitioner in each of these crimes. If this is so, in our view, the learned counsel for the petitioner is right in his submission that when a particular criminal activity of the detenue is not considered to be so serious as to warrant his arrest under the regular law, his detention under the law relating to preventive detention would be wholly unjustified. This is also the view taken by this Court and also Co-ordinate Benches of this Court in the cases as Vasudev Mahadev Surve Vs. The State of Maharashtra and Another in Criminal Writ Petition No. 592 of 2021, decided on 16.12.2021, Hanif Karim Laluwale Vs. State of Maharashtra and others, in Criminal Writ Petition No. 75 of 2022, decided on 28.06.2022, Kasam Kalu Nimsurwale Vs. State of Maharashtra and another, in Criminal Writ Petition No. 269 of 2022, decided on 26.07.2022 and Akshay Kishor Madavi Vs. State of Maharashtra and others, in Criminal Writ Petition No. 258 of 2022, decided on 19.08.2022.
Bombay High Court Cites 7 - Cited by 0 - S B Shukre - Full Document

Shaikh Usman Shaikh Maheboob vs The State Of Mah. Home Dep.(Special) ... on 19 December, 2022

3. We find from the grounds of detention that two crimes, bearing Crime No. 451 of 2022 for an offence punishable under Sections 65(d) of the Maharashtra Prohibition Act, 1949 and Crime No. 265 of 2022 for an offence punishable under Sections 65(k)(d)(f) of the Maharashtra Prohibition Act, 1949 both registered at Police Station Ramdas Peth, Akola were not considered to be so serious by the Police as to warrant arrest of the petitioner in each of these crimes. If this is so, in our view, the learned counsel for the petitioner is right in his submission that when a particular criminal activity of the detenue is not considered to be so serious as to warrant his arrest under the regular law, his detention under the law relating to preventive detention would be wholly unjustified. This is also the view taken by this Court and also Co-ordinate Benches of this Court in the cases as Vasudev Mahadev Surve Vs. The State of Maharashtra and Another in Criminal Writ Petition No. 592 of 2021, decided on 16.12.2021, Hanif Karim Laluwale Vs. State of Maharashtra and others , in Criminal Writ Petition No. 75 of 2022, decided on 28.06.2022, Kasam Kalu Nimsurwale Vs. State of Maharashtra and another , in Criminal Writ Petition No. 269 of 2022, decided on 26.07.2022 and Akshay Kishor Madavi Vs. State of Maharashtra and others , in Criminal Writ Petition No. 258 of 2022, decided on 19.08.2022.
Bombay High Court Cites 8 - Cited by 0 - S B Shukre - Full Document
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