SURESH @ KHILADI YELLAPPA Vs. COMMISSIONER OF POLICE AND ORS
LAWS(BOM)-2017-6-33
HIGH COURT OF BOMBAY
Decided on June 07,2017

Suresh @ Khiladi Yellappa Appellant
VERSUS
Commissioner Of Police And Ors Respondents

JUDGEMENT

V.K.TAHILRAMANI,J. - (1.) Heard both sides.
(2.) Through this petition under Article 227 of the Constitution of India, the petitioner - detenu has impugned the order of detention dated 21.6.2016 passed by respondent No. 1 - Commissioner of Police, Solapur. By the said order, the detenu came to be detained under sub- Section 1 of Section 3 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 (No. LV of 1981) (Amendment-1996 & 2009). The detention order along with grounds of detention dated 21.6.2016 was served on the detenu on the same day. The detention order is based on one C.R. and two in-camera statements. The order of detention was issued when the detenu was in custody in relation to R.C.C. No. 460/2005 and R.C.C. No. 169/2007 of Sadar Bazar Police Station, Solapur city.
(3.) Though a number of grounds have been raised in the petition, Mr. Tripathi, the learned counsel for the petitioner has pressed only one ground before us i.e ground No. 8(v) which reads as under: " The petitioner says and submits that in case of a person is in custody, if detention is to be clamped against him, there are three guidelines laid down by the Hon'ble Supreme Court and in this case one of the important guidelines is missing. The petitioner submits that no satisfaction is recorded in the grounds of detention to the effect that there is imminent and real possibility of grant of bail to the detenu. On the contrary, what is stated that "as per your bail application, if you get bail, you will be a free person" which is not the requirement of law. The order of detention is illegal for non-recording the above said satisfaction. The order of detention is illegal and bad in law, liable to be quashed and set aside." ;


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