NILOFER RAMJAN SHAIKH vs COMMISSIONER OF POLICE AND ORS

Judgment text excerpt

SPG WP 3471 of 2025 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3471 OF 2025 Nilofer Ramjan Shaikh Age: 39 years, Occ:- Housewife Residing at: Galli No.12/A, Mohammadwadi Road, Sayyednagar Hadapsar, Pune City, Hadapsar, Pune-411028 … Petitioner V/s. 1. Commissioner of Police, Pune City. 2. The State of Maharashtra 3. The Superintendent of Jail, Wardha Prison, Wardha. 4. The Secretary Advisory Board (MPDA), Mantralaya, Mumbai … Respondents _____________________ Ms. Misbaah Solkar along with Ms. Faiza Gawandi, Nawaz Dordi i/by Mr. Amin Solkar Advocate for the Petitioner. Mr. Shreekant V. Gavand, APP for the Respondent-State. ______________________ CORAM : A. S. GADKARI AND RANJITSINHA RAJA BHONSALE, JJ. RESERVED ON : 11th DECEMBER 2025 PRONOUNCED ON : 15th DECEMBER 2025. JUDGMENT [Per: RANJITSINHA RAJA BHONSALE, J]:- 1) Petitioner, the mother of the Detenue, by present Petition, filed under Article 226 of the Constitution of India, seeks to quash and set aside the Detention Order, bearing No. OW. No./CRIME PCB/DET/KALEPADAL/ 1/14 SPG WP 3471 of 2025 SHAIKH/384/2025, dated 5th May 2025, issued by the Respondent No.1 i.e. Commissioner of Police, Pune City (Detaining Authority) under Section 3(2) 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 (MPDA Act). The Petitioner, further prays that the Detenue being detained in the Wardha Prison be released and set at liberty. 2) By Order dated 22nd July 2025, this Court had issued Notice to the Respondents. The Respondent Nos.1 to 3 have filed their Affidavits in reply and opposed the Petition. 3) We have he