Supreme Court of India · 2007-06-19
STATE OF MAHARASHTRA vs MEHAMUD
- Citation / case number
- SC 2000/16953
- Court
- Supreme Court of India
- Petitioner
- STATE OF MAHARASHTRA
- Respondent
- MEHAMUD
- Author
- ARIJIT PASAYAT
- Bench
- P.P. NAOLEKAR DR. ARIJIT PASAYAT
Judgment text excerpt
The Supreme Court upheld the Bombay High Court's decision to quash the detention order under Section 3 of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers and Drug Offenders Act, 1981, stating that the term 'habitually commits' requires established facts of past convictions rather than mere pendency of cases. The Court emphasized that curtailment of liberty must be based on a solid foundation of conviction, not just allegations. Consequently, the appeal was dismissed, affirming the High Court's ruling that the detenu could not be classified as a 'dangerous person' without proven habitual criminality.