KISHOR LAXMAN KAWALE @ KAWALYA vs COMMISSIONER OF POLICE AND ORS

Judgment text excerpt

Mahesh Chavan WP-1548-2025.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1548 OF 2025 Kishor Laxman Kawale @ Kawalya Age : 20 years, R/o. Room No.708, Building No.16, Nisarg Society, Dharmveer Nagar, Thane (W). (At present Yerwada Prison, Pune) … Petitioner V/s. 1. Commissioner of Police, Thane. 2. The State of Maharashtra (Through Addl. Chief Secretary to Government of Maharashtra, Mantralaya, Home Department Mantralaya, Mumbai.) 3. The Superintendent, Yerwada Central Prison, Pune. … Respondents ______________________ Ms. Jayshree Tripathi, a/w Anjali Raut, Advocate for the Petitioner. Mr. Shreekant V. Gavand, Additional Public Prosecutor for the State. ______________________ Digitally signed by SANJAY CORAM : A. S. GADKARI AND KASHINATH SANJAY NANOSKAR KASHINATH Date: RANJITSINHA RAJA BHONSALE, JJ. NANOSKAR 2025.10.27 18:37:28 +0530 DATE : 7th OCTOBER 2025. JUDGMENT [Per: RANJITSINHA RAJA BHONSALE, J] :- 1) By the present Petition under Article 226 of the Constitution of India, the Petitioner seeks to challenge the Detention Order, bearing D. O. No. 1/6 Mahesh Chavan WP-1548-2025.doc TC/PD/DO MPDA 15/2024 dated 05th December, 2024 (the Detention Order), issued 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) and the Order of Committal of even date, thereby detaining the Petitioner in the Yerwada Central Prison, Pune. The Petitioner being detained seeks a direction for being released and set at liberty. 2) By Order dated 21st March 2025, this Court issued Rule in the Petition. The Respondent Nos.1 to 3, have filed