Shaikh Mehboob Alias Goru Shaikh Babu vs The State Of Maharashtra And Others on 10 March, 2026

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    Bombay High Court

    Shaikh Mehboob Alias Goru Shaikh Babu vs The State Of Maharashtra And Others on 10 March, 2026

    2026:BHC-AUG:10485
                                           1                           29.Cri.WP.1516.2025.odt
    
    
                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD
    
                              CRIMINAL WRIT PETITION NO.1516 OF 2025
    
                         Shaikh Mehboob @ Goru S/o
                         Shaikh Babu                            ...     PETITIONER
    
                                    VERSUS
    
                 1.      The State of Maharashtra
                         Through its Secretary,
                         Home Department, Mantralaya, Mumbai
                 2.      The District Magistrate,
                         Nanded, Tq. & Dist. Nanded
    
                 3.      The Superintendent of Jail,
                         Central Jail, Harsool, Aurangabad
                         Dist. Aurangabad                      ...    RESPONDENTS
                                                     ...
                            Advocate for the Petitioner : Mr. Dhananjay S. Patil
                              APP for Respondent Nos. 1 to 3 : Mr. M. A. Aher
                                                     ...
                             CORAM                    : SANDIPKUMAR C. MORE &
                                                         ABASAHEB D. SHINDE, JJ.
                            Date of reserved          04.03.2026
                            Date of pronouncement : 10.03.2026
    
    
                 JUDGMENT ( ABASAHEB D. SHINDE, J.) :

    1. Heard.

    2. Rule. Rule is made returnable forthwith. With the consent of

    SPONSORED

    the parties the petition is taken up for final hearing at the stage of

    admission.

    2 29.Cri.WP.1516.2025.odt

    3. By this writ petition the petitioner is taking exception to the

    detention order dated 28.08.2025 bearing No.2025/RB-1/Desk-2/T-

    4/MPDA/CR-52, passed by the respondent No.2 – District

    Magistrate, Nanded in exercise of powers under Section 3(1) of the

    Maharashtra Prevention of Dangerous Activities of Slumlords,

    Bootleggers, Drug-Offenders, Dangerous Persons, Video Pirates,

    Sand Smugglers, Persons Engaged in Black-Marketing of Essential

    Commodities, Illegal Gambling, Illegal Lottery and Human

    Trafficker Act, 1981 (for short the MPDA Act), as well as approval

    order dated 05.09.2025 and confirmation order dated 17.10.2025

    bearing No. MPDA-0925/CR-496/Spl-3B passed by respondent

    No.1- State Government, in exercise of powers under Section 12(1)

    of the MPDA Act, by the impugned detention order, the petitioner

    has been directed to be detained for a period of 12 months on the

    ground that the petitioner is a ” dangerous person” within the

    meaning of Section 2(b-1) of the MPDA Act, holding his activities

    prejudicial to the maintenance of public order.

    4. The impugned detention order has been passed on a proposal

    submitted by Police Inspector, Police Station Nanded Rural, Nanded.

    The proposal has been routed through Sub-Divisional Police Officer,

    Sub-Division Itwara, Nanded and Superintendent of Police, District
    3 29.Cri.WP.1516.2025.odt

    Nanded and eventually placed before the respondent No.2 – District

    Magistrate, Nanded who claims to have arrived at a subjective

    satisfaction that the petitioner’s detention is necessary to prevent

    him from acting in a manner prejudicial to public order. The record

    reflects registration of eight (8) past criminal cases with one

    preventive action and also one preventive detention order passed

    under the MPDA Act against the petitioner which is later on quashed

    and set-aside by this Court. The ready reference chart showing

    criminal record of the petitioner, is reproduced hereunder :

    Sr. Police C.R.No Under Section Date Arrest Bail Court Prasent
    No. Station of Date Date Case No. Status.

    filing
    of the
    case

    1. Nanded 785/2021 452,354,34 IPC 02/11/ 02/11/ 03/11/ RCC No. Court
    Rural 2021 2021 2021 150/2022 Pending

    2. Nanded 267/2022 307 IPC 04/05/ 04/05/ 05/11/ SC No. Court
    Rural 2022 2022 2022 155/2022 Pending

    3. Nanded 195/2023 307, 506 IPC 22/03/ 22/03/ 13/09/ SC No. Court
    Rural 2022 2022 2023 97/2023 Pending

    4. Nanded 17/2024 326, 324, 504, 506, 34 06/01/ 29/01/ 29/01/ RCC No. Court
    Rural IPC., 4/25 Arms Act 2024 2024 2024 1393/2025 Pending

    5. Nanded 148/2024 394, 34 IPC 24/02/ 18/03/ 22/03/ RCC Court
    Rural 2024 2024 2024 No.497/20 Pending
    24

    6. Nanded 164/2024 397, 34 IPC 04/03/ 10/03/ 24/04/ RCC No. Court
    Rural 2024 2024 2024 982/2024 Pending

    7. Nanded 491/2024 3/25, 7/25 Arms Act 17/06/ 17/06/ 20/08/ RCC No. Court
    Rural 2024 2024 2024 1125/2024 Pending

    8. Nanded 659/2025 3/25, 7/25 Arms Act 12/07/ 12/07/ 22/08/ On On
    Rural 2025 2025 2025 investigati investigati
    on on

    Preventive Action :-

    Sr. No Police Station Chapter Case No Section Date Present Status
    1 Nanded Rural 400/2023 107 Cr.P.C. 25/09/2023 Closed
    2 Nanded Rural MPDA Proposal No 04/2024 MPDA 26/08/2024 Closed

    4 29.Cri.WP.1516.2025.odt

    5. Learned counsel for the petitioner has contended that the

    impugned order of detention vitiates for more than one reason.

    According to learned counsel for the petitioner although the

    impugned detention order refers to release of petitioner on bail in

    pending cases, copies of bail applications and the bail orders were

    admittedly neither placed on record nor has been considered by the

    competent authority. According to the learned counsel for the

    petitioner this lacks the basic principle of subjective satisfaction. To

    buttress his submission he relied on the judgment of this Court in

    the case of Santosh @Chingya Sainath Tarte Vs. The District

    Magistrate and Ors. in Criminal Writ Petition No. 1490 of 2025

    dated 04.02.2026 (Aurangabad Bench).and more particularly para.

    Nos. 12 and 13 which reads thus :

    “12. The Hon’ble Apex Court in the case of Joyi Kitty Joseph Versus
    Union of India and Ors.; (2025) 4 SCC 476 has observed thus :-

    32. Likewise, in the present case, we are not concerned as to whether
    the conditions imposed by the Magistrate would have taken care of the
    apprehension expressed by the detaining authority; of the detenu indulging in
    further smuggling activities. We are more concerned with the aspect that the
    detaining authority did not consider the efficacy of the conditions and enter any
    satisfaction, however subjective it is, as to the conditions not being sufficient to
    restrain the detenu from indulging in such activities.

    33. Ameena Begum vs. State of Telangana, (2023) 9 Supreme Court
    Cases, 587, noticed with approval Vijay Narain Singh v. State of Bihar (1984) 3
    Supreme Court Cases 14 and extracted paragraph 32 from the same (Vijay
    Narain Singh): (SCC pp.35-36).

    5 29.Cri.WP.1516.2025.odt

    “32….It is well settled that the law of preventive detention is a hard law and
    therefore it should be strictly construed. Care should be taken that the liberty of a person
    is not jeopardised unless his case falls squarely within… not be used merely to clip the
    wings of an accused who is involved in a criminal prosecution. It is not intended for the
    purpose of keeping a man under detention when under ordinary criminal law it may not
    be possible to resist the issue of orders of bail, unless the material available is such as
    would satisfy the requirements of the legal provisions authorising such detention. When a
    person is enlarged on bail by a competent criminal court. great caution should be
    exercised in scrutinizing the validity of an order of preventive detention which is based on
    the very same charge which is to be tried by the criminal court.”

    (emphasis supplied)

    34. The criminal prosecution launched and the preventive detention
    ordered are on the very same allegations of organised smuggling activities,
    through a network set up, revealed on successive raids carried on at various
    locations, on specific information received, leading to recovery of huge cache
    of contraband. When bail was granted by the jurisdictional Court, that too on
    conditions, the detaining authority ought to have examined whether they were
    sufficient to curb the evil of further indulgence in identical activities; which is
    the very basis of the preventive detention ordered.

    35. The detention order being silent on that aspect, we interfere with the
    detention order only on the ground of the detaining authority having not
    looked into the conditions imposed by the Magistrate while granting bail for
    the very same offence; the allegations in which also have led to the preventive
    detention, assailed herein, to enter a satisfaction as to whether those
    conditions are sufficient or not to restrain the detenu from indulging in further
    like activities of smuggling”.

    “13. It would also be apt to refer to the decision of the Hon’ble
    Apex Court in the case of Shaik Nazneen Vs. State of Telangana
    and others
    reported in (2023) 9 SCC 633, more particularly
    paragraph 19 which reads thus :-

    “19. In any case, the State is not without a remedy, as in case the detenu
    is much a menace to the society as is being alleged, then the prosecution should
    seek for the cancellation of his bail and/or move an appeal to the Higher Court.
    But definitely seeking shelter under the preventive detention law is not the
    proper remedy under the facts and circumstances of the case”

    6 29.Cri.WP.1516.2025.odt

    6. It is further contended by the learned counsel for the

    petitioner that so far as solitary offence which has been considered

    while passing the impugned detention order bearing Crime

    No.659/2025 is concerned, it has been registered under Sections 3,

    7 and 25 of the Arms Act. He would also submit that previously also

    Crime bearing No.491/2024 was registered against the petitioner

    for the same charges and the same was made basis for passsing

    previous detention order dated 26.08.2024 under MPDA Act and the

    same was quashed and set aside by this Court vide its judgment

    dated 08.05.2025 in Criminal Writ Petition No. 2062 of 2024

    (Aurangabad Bench). He relied upon para. 8 of the said judgment

    which reads thus :

    ” 8. Perusal of the second offence i.e. Crime No.491 of 2024
    would show that the petitioner was found possessing a pistol. That
    fact was revealed when secret information was received at the police
    station and the informant along with the other police officers went for
    patrolling and arrested the petitioner around 13:45 hours on
    17.06.2024. It is stated that in his personal search, a country made
    pistol was found to his waist and two cartridges were found in the
    pocket of his pant. The FIR, the panchanama and the statements of
    witnesses which were the part of the record do not show that the
    place of keeping pistol was visible to the public at large. If it would
    have been seen by the people, then only there was question of terror
    in the mind of people. Here, we are not considering the other merits
    of the case, but only the angle of the allegation that the activity of the
    petitioner was dangerous to the public. If the said pistol was in a
    7 29.Cri.WP.1516.2025.odt

    sealed state attached to his waist, then people would not have
    gathered about it and, therefore, from the facts of the said case, there
    could not have been a subjective satisfaction for the District
    Magistrate to arrive at the conclusion. Further, the petitioner has been
    released on bail in respect of that offence on 21.08.2024, however,
    the bail order has not been considered by the detaining authority. We
    would like to rely on the decision in Joyi Kitty Joseph Vs. Union of
    India and Ors., [Criminal Appeal No.___ of 2025 (arising out of
    Special Leave Petition (Crl.) No.16893 of 2024) decided by the
    Hon’ble Supreme Court on 06.03.2025], wherein reliance has been
    placed on the decision in Ameena Begum v. State of Telangana and
    others
    , [(2023) 9 SCC 587] and it has been observed that preventive
    detention is impermissible when the ordinary law of the land is
    sufficient to deal with the situation was per incuriam to the
    Constitution Bench decision in Haradhan Saha vs. State of W.B.
    [(1975) 3 SCC 198], in the limited judicial review available to
    constitutional courts in preventive detention matters.
    However, in
    Ameena Begum (Supra), the Hon’ble Supreme Court explained the
    true distinction between a threat to “law and order” and acts
    “prejudicial to public order” and it is stated that it cannot be
    determined merely by the nature or quality of the act complained of,
    but in the proper degree and extent of its impact on the society.
    ……………………….”

    7. While assailing the two in-camera statements, the learned

    counsel for the petitioner would urge that these statements are

    absolutely vague lacking the specific dates, places and particulars

    and do not disclose any material so as to warrant preventive

    detention. He would further urge that the in-camera statements

    were not verified properly as can be seen that the authorities are
    8 29.Cri.WP.1516.2025.odt

    claiming to have verified the in-camera statements on the same day

    on which those were recorded.

    8. Per contra, the learned APP while supporting the impugned

    detention order would submit that the affidavit-in-reply filed by

    respondent No.2 – District Magistrate justifies his decision of

    detaining the petitioner for a period of 12 months. According to

    learned APP the petitioner is a habitual offender famous with the

    title “Slumlord “, who creates terror and the residents within the

    jurisdiction of Nanded Rural Police Station and the adjoining areas

    remain in constant fear. He would further submit that the petitioner

    is involved in criminal activities with his accomplices and committed

    crimes like home invasion and indecent assault, attempted murder,

    grievous bodily harm, robbery with assault, robbery, illegal

    possession of a weapon, its use and possession of a firearm, etc,

    resultantly, the people are not ready to come forward to lodge

    complaints. He would further submit that the confidential inquiry

    was conducted and it is only after giving assurance of secrecy the

    two witnesses came forward to depose against the petitioner’s

    criminal activities. It is further submitted that respondent No.2 –

    District Magistrate has carefully examined entire material and has

    arrived at a subjective satisfaction that the preventive detention of
    9 29.Cri.WP.1516.2025.odt

    the petitioner is very much warranted.

    9. Having heard learned counsel for the petitioner and the

    learned APP for the State, we are of the considered view that

    impugned detention order depicts non-application of mind at the

    hands of respondent No.2 – District Magistrate while appreciating

    the material. Though the order asserts that the petitioner is on bail

    in all the pending cases, however, the record does not contain a

    single copy of any bail application or any bail order. As held by the

    Hon’ble Apex Court in the case of Ameena Begum Vs. The State of

    Telangana and Ors.; (2023) 9 SCC 587, Nenavath Bujji and Ors. Vs.

    The State of Telangana and Ors.; (2024) 17 SCC 294 as well as in

    the case of Saksham s/o Gautam Tate Vs. The State of Maharashtra

    and Ors.; (Criminal Writ Petition No.1079/2025) decided by this

    Court on 08.09.2025 (Aurangabad Bench), when a detaining

    authority takes into account the fact that the detenue is on bail it

    must examine the bail orders themselves to assess the nature of

    offences, the conditions imposed by competent Courts while

    releasing the accused on bail and also to ascertain as to whether

    there exits a real likelihood of detenue committing similar kind of

    offence if released on bail. We thus find that non-consideration of all

    these vital aspects vitiates the subjective satisfaction as required
    10 29.Cri.WP.1516.2025.odt

    under the provisions of the MPDA Act. In short absence of these

    documents shows that the petitioner was denied an opportunity to

    make an effective representation which is mandatory under Article

    22(5) of the Constitution of India.

    10. So far as the reliance placed on the in-camera statements of

    witnesses ‘A’ and ‘B’ are concerned, as observed above we find that

    those statements are vague as it can be seen that, those are general

    in nature without specifying the dates, time or places of alleged

    incidences as required by law. The record also depicts that there is

    no proper verification of these statements nor the detaining

    authority appears to have applied its mind to its credibility. It is

    settled position of law that such vague statements that too without

    any proper verification cannot be made the basis of preventive

    detention.

    11. We find that, the basis for passing the impugned detention

    order is Crime No.659/2025 registered under Sections 3, 7, and 25

    of the Arms Act. Perusal of the allegations of the said offence would

    show that the petitioner was found standing on the side of the road

    under the bridge possessing a pistol . That fact was revealed when

    secret information was received at the police station and the
    11 29.Cri.WP.1516.2025.odt

    informant along with the other police officers went for patrolling

    and arrested the petitioner around 15:10 hours on 12.07.2025. It is

    stated that in his personal search, a village pistol was found with a

    live cartridge on his waist. The FIR, the panchanama and the

    statements of witnesses which were the part of the record does not

    show that the place of keeping pistol was visible to the public at

    large. If it would have been seen by the people, then only the

    question of terror in the mind of people would arise. Here, we are

    not considering the other merits of the case, but only from the point

    of view of allegation whether the activity of the petitioner was

    dangerous to public. It is trite law in view of judgment of the

    Hon’ble Apex Court in the case of Ram Manohar Lohia Vs. State of

    Bihar and Ors. reported in (1966) 1 SCR 709, while explaining the

    term ‘Law and Order’ and ‘Public Order’ the Hon’ble Apex Court

    observe thus :

    “54. We have here a case of detention under R. 30 of the Defence
    of India Rules which permits apprehension and detention of a
    person likely to act in a manner prejudicial to the maintenance of
    public order. It follows that if such a person is not detained public
    disorder is the apprehended result. Disorder is doubt prevented by
    the maintenance of law and order also but disorder is a broad
    spectrum which includes at one end small disturbances and at the
    other the most serious and cataclysmic happenings. Does the
    expression “public order” take in every kind of disorders or only

    12 29.Cri.WP.1516.2025.odt

    some of them ? The answer to this serves to distinguish “public
    order” from “law and order” because the latter undoubtedly takes
    in all of them. Public order if disturbed, must lead to public
    disorder. Every breach of the peace does not lead to public
    disorder. When two drunkards quarrel and fight there is disorder
    but not public disorder. They can be dealt with under the powers to
    maintain law and order but cannot be detained on the ground that
    they were disturbing public order. Suppose that the two fighters
    were of rival communities and one of them tried to raise
    communal passions. The problem is still one of law and order but
    it raises the apprehension of public disorder. Other examples can
    be imagined. The contravention of law always affects order but
    before if can be said to affect public order, it must affect the
    community or the public at large. A mere disturbance of law and
    order leading to disorder is thus not necessarily sufficient for
    action under the Defence of India Act but disturbances which
    subvert the public order are. A District Magistrate is entitled to
    take action under R.30(1)(b) to prevent subversion of public order
    but not in aid of maintenance of law and order under ordinary
    circumstances.

    55. It will thus appear that just as “public order” in the rulings of
    this Court (earlier cited) was said to comprehend disorders of less
    gravity than those affecting “security of State”, “law and order” also
    comprehends disorders of less gravity than those affecting “public
    order”. One has to imagine three concentric circles. Law and order
    represents the largest circle within which is the next circle
    representing public order and the smallest circle represents
    security of State. It is then easy to see that an act may affect law
    and order but not public order just as an act may affect public
    order but not security of the State. By using the expression
    “maintenance of law and order” the District Magistrate was
    widening his own field of action and was adding a clause to the
    13 29.Cri.WP.1516.2025.odt

    Defence of India Rules.”

    12. Thus, ‘Public Order’ refers to disturbances affecting

    community at large whereas, ‘Law and Order’ can encompass a

    broader range of disturbances, including those of local and minor

    nature. In other words the activities must not be minor which is

    peace of purely local significance, which primarily in the specific

    individual and only in secondary sense public interest. Thus the

    underline principle is that the activity of a person should be such

    that it will affect the public order. The three circles referred to by

    the Hon’ble Apex Court had explained that the activities disturbing

    law and order may not necessarily disturb the public order. We find

    that merely on the allegation that the petitioner was alleged to have

    been found having pistol attached to his waist that too without the

    same being visible to the public at large certainly do not have a live-

    link to eminent disturbances to public order and can not justify the

    preventive detention.

    13. We find that there is no material placed on record to

    substantiate that the petitioner was likely to commit any specific act

    prejudicial to public order in the immediate future. As can be seen
    14 29.Cri.WP.1516.2025.odt

    that the alleged incident dated 12.07.2025 having been found

    unsustainable, it cannot be said to have such a live link. We find that

    even on this ocassion the petitioner was found carrying pistol

    attached to his waist which is not sufficient to hold that this act of

    petitioner is prejudicial to the public order. Thus the case of

    petitioner is squarely covered by the observations of this Court in

    paragraph no. 8 of the judgment and order dated 08.05.2025 in

    Criminal Writ Petition No. 2062 of 2024 (Supra).

    14. In the light of above observations, we are of the considered

    view that the impugned detention order is unsustainable in law so

    also find that the approval order as well as the confirmation order of

    the State Government also do not sustain. Hence, we pass the

    following order :

    ORDER

    I. The Writ Petition stands allowed.

    II. The impugned detention order No. 2025/RB-1/Desk-2/T-

    4/MPDA/CR-52 dated 28.08.2025 passed by respondent

    No.2 as well as the approval order dated 05.09.2025 and

    the confirmation order No. MPDA-0925/CR-496/Spl-3B

    15 29.Cri.WP.1516.2025.odt

    dated 17.10.2025, passed by respondent No.1, are hereby

    quashed and set aside.

    III. Petitioner – Shaikh Mehboob @Gorya S/o Shaikh Babu

    shall be released forthwith, if not required in any other

    offence.

       IV.    Rule is made absolute in the above terms.
    
    
    
    
    (ABASAHEB D. SHINDE, J.)             (SANDIPKUMAR C. MORE, J.)
    
    
    
    habeeb/
     



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