Akash Urf Karan Vinod Thunkekar vs State of Maharashtra through Its Secretary Home Department (Special) Mantralaya Mumbai

The petitioner is before the Court aggrieved by the order of detention dated 30-12-2025 passed under Section 3 of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, DrugOffenders, Dangerous Persons and Video Pirates, Sand Smugglers, Persons Engaged in Black Marketing of Essential Commodities, Illegal Gambling, Illegal Lottery and Human Trafficker Act, 1981 (for short “Act of 1981”) which was approved on 09-01-2026, and confirmed by the State Government on 27-02-2026.

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In a bunch of petitions with lead petition in the case of Akshay Bhaskar Sahare Vs. State of Maharashtra and anr. (Criminal Writ Petition No. 223/2025), this Court had vide order dated 30-09-2025 condemned the manner in which the respondents had invoked the provisions of the Act of 1981. While setting aside the orders, this Court held that the order conferring powers under Section 3 of the Act of 1981 must identify specific circumstances prevailing or likely to prevail in the particular local area for which the powers of State Government are delegated to officers below.

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In the case of Akshay Bhaskar Sahare (supra) in paras 5 and 6, it is held as under :

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“5. This Court had also taken exception to the blanket/state wide portrayal of identical circumstances considering the scope of Section 3 of the Act of 1981. The High Court was required to make such comments because the order conferring powers included almost all the districts. This Court had reproduced sample order which reads thus :

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“Date- 26^th June, 2024.

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ORDER

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No. MPDA - 0624/CR - 409/Spl - 3B: Whereas the Government of Maharashtra is satisfied that having regard to the circumstances prevailing and which are likely to prevail in the Districts of Thane, Palghar, Raigad, Ratnagiri, Sindhudurg, Pune, Solapur, Kolhapur, Sangli, Satara, Nashik, Ahmednagar, Dhule, Nandurbar, Jalgaon, Chhatrapati Sambhajinagar, Jalna, Parbhani, Nanded, Hingoli, Beed, Dharashiv, Latur, Akola, Washim, Wardha, Yavatmal, Buldhana, Amravati, Nagpur, Bhandara, Gondia, Chandrapur and Gadchiroli it is necessary that during the period commencing from 01^st July, 2024 and ending on the 31^st December, 2024, the District Magistrates of the said Districts may also, if satisfied as provided exercise the powers in 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 (Mah. No.LV of 1981) (hereinafter referred to as "the said Act");

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Now, therefore, in exercise of the powers conferred by sub-section (2) of Section 3 of the said Act, the Government of Maharashtra hereby directs that for the period commencing from 01^st July, 2024 and ending on the 31^st December, 2024, the District Magistrates Thane, Palghar, Raigad, Ratnagiri, Sindhudurg, Pune, Solapur, Kolhapur, Sangli, Satara, Nashik, Ahmednagar, Dhule, Nandurbar, Jalgaon, Chhatrapati Sambhajinagar, Jalna, Parbhani, Nanded, Hingoli, Beed, Dharashiv, Latur, Akola, Washim, Wardha, Yavatmal, Buldhana, Amravati, Nagpur, Bhandara, Gondia, Chandrapur and Gadchiroli may also, if satisfied as provided in subsection (1) of Section 3 of the said Act, exercise the powers conferred on the State Government by sub-section (1) of Section 3 of the said Act.

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By order and in the name of the Governor of Maharashtra,

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(Venkatesh Madhav Bhat)

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Joint Secretary to the Government of Maharashtra, Home Department (Special).

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The aforesaid sample order indicates that almost in the entire State of Maharashtra, similar or identical circumstances were either prevailing or likely to prevail. Existence of such situation is fictitious, which in a way, also projects a poor status of law and order in the State. Accordingly, the High Court held that conferring powers of State Government to authorities below is unsustainable. Despite such a categorical finding, the Deputy Secretary to the Government of Maharashtra, Home Department (Special) has, on 30-12-2025 passed following order.

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“ORDER

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No.MPDA-1225/CR-673/Spl-3B:Whereas the Government of Maharashtra is satisfied that having regard to the circumstances prevailing and which are likely to prevail in the Districts of Thane, Palghar, Raigad, Ratnagiri, Sindhudurg, Pune, Solapur, Kolhapur, Sangli, Satara, Nashik, Ahilyanagar, Dhule, Nandurbar, Jalgaon, Chhatrapati Sambhajinagar, Jalna, Parbhani, Nanded, Hingoli, Beed, Dharashiv, Latur, Akola, Washim, Wardha, Yavatmal, Buldhana, Amravati, Nagpur, Bhandara, Gondia, Chandrapur and Gadchiroli it is necessary that during the period commencing from 01 January, 2026 and ending on the 30th June, 2026, the District Magistrates of the said Districts may also, if satisfied as provided exercise the powers in sub-section (1) of Section 3 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 (Mah. No.LV of 1981) (hereinafter referred to as "the said Act");

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Now, therefore, in exercise of the powers conferred by sub-section (2) of Section 3 of the said Act, the Government of Maharashtra hereby directs that for the period commencing from 01 January, 2026 and ending on the 30th June, 2026, the District Magistrates Thane, Palghar, Raigad, Ratnagiri, Sindhudurg, Pune, Solapur, Kolhapur, Sangli, Satara, Nashik, Ahilyanagar, Dhule, Nandurbar, Jalgaon, Chhatrapati Sambhajinagar, Jalna, Parbhani,

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Nanded, Hingoli, Beed, Dharashiv, Latur, Akola, Washim, Wardha, Yavatmal, Buldhana, Amravati, Nagpur, Bhandara, Gondia, Chandrapur and Gadchiroli may also, if satisfied as provided in subsection (1) of Section 3 of the said Act, exercise the powers conferred on the State Government by sub-section (1) of Section 3 of the said Act.

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By order and in the name of the Governor of Maharashtra.”

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The aforesaid sample order indicates that almost in the entire State of Maharashtra, similar or identical circumstances were either prevailing or likely to prevail. Existence of such situation is fictitious, which in a way, also projects a poor status of law and order in the State. Accordingly, the High Court held that conferring powers of State Government to authorities below is unsustainable.

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In the present case also an identical order is passed ignoring the law laid down by this Court. Such is an act which sets forth an insolent conduct of the authorities below.

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The conduct continued while passing order of approval under sub-section (3) of Section 3 of the Act of 1981. This Court had in Akshay Bhaskar Sahare case (supra) held that order of approval must be substantive and not mechanical. The order should reflect consideration of the materials including grounds for detention. The Court had noticed that the order of approval did not disclose the grounds on which detention was approved nor did it reveal how approved period related to prevailing or likely circumstances.

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Thus, it was expected that the approval order will now be a reasoned order indicating application of mind. The impugned order as passed is also similarly passed without assigning any reason. The

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detention order dated 30-12-2026 is reproduced as under:

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“No. Desk-2/HA/HOME/WS - 281/2025, Date -30.12.2025

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: DETENTION ORDER :

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Whereas, the Superintendent of Police, Akola, vide their proposal No.02/25 (O/w. No.LCB/MPDA/231/2025 Dated 12.11.2025) has proposed to detain Shiri. Akash Alias karan Vinod Thunkekar, Age 24 yrs R/o. Labour Colony, Krushi Nagar, Akola Dist. Akola under section 3(1) 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. Illegal Gambling, Illegal Lottery and Human Trafficker Act 1981" (Amendment 1996,2009,2015 & 2025 Maharashtra Act 29 Dt.09 June 2025 Govt. Of Maharashtra Gadget Published Mah.No. LV of 1981) (MPDA Act).

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And whereas, I am subjectively satisfied to detain Shri, Akash Alias karanVinod Thunkekar, Age 24 yrs R/o. Labour Colony, Krushi Nagar, Akola Dist. Akola Police Station, Civil Line, in order to prevent him from acting in any manner prejudicial to the maintenance of the public order in accordance with the provisions laid down in the aforesaid Act.

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Hence, in pursuance of the power conferred under Section 3(1) and Government Order Home Department (Special)No.MPDA0625/CR-280/Spl-3B, Dated 26^th June, 2025. I. District Magistrate Akola, hereby direct to detain Shri. Akash Alias karan Vinod Thunkekar, Age 24yrs R/o. Labour Colony, Krushi Nagar, Akola Dist. Akola under sub-Section (2) of the Section 3 of the aforesaid Act.

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The order issued under my signature and seal today on 30 day of December 2025.

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Place : Akola. Sd/-

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(Varsha Meena; LA.S.) District Magistrate, Akola”

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The aforesaid order is identical to the order that this Court had considered in Akshay Bhaskar Sahare case (supra).

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The approval order passed by the Deputy Secretary to the Government of Maharashtra, Home Department dated 09-01-2026 is reproduced below :

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“Date : 09-01-2026

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ORDER

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No.MPDA-0126/CR-11/Sp1-3B:- In exercise of the powers conferred by sub-section (3) of Section 3 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 (Mah.No.LV of 1981), the Government of Maharashtra hereby approves the order of District Magistrate, Akola D.O.No. Desk-2/HA/ HOME/WS-281/2025, Dated 30th December, 2025 made in respect Shri. Akash Alias Karan Vinod Thunkekar, R/o. Labour Colony, Krushi Nagar, Akola, Dist. Akola, to be detained under the said Act:

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By order and in name of the Governor of Maharashtra,

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sd/-

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Deputy Secretary to the Government of Maharashtra, Home Department.”

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Thus, this is also an identical order as was tested in Akshay Bhaskar Sahare case (supra). The only difference is that the earlier order was passed by the Under Secretary whereas in the present case the order was passed by the Deputy Secretary to the Government of Maharashtra, Home Department. Thus, the designation of the officer passing order has changed but the content remains same. What was, however, incumbent upon the State Government was not only to change hands but to change the mindset.

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The lapses do not stop here but continue in assessment at confirmation stage. This Court had held that the confirming authority, while passing order under Section 12 of the Act of 1981, must re-assess circumstances as they exist on the date of conferment and record reasons

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for continuing detention and for duration fixed. The conferment authority was duty bound to record reasons as to why detention should be continued for a specific duration, particularly when the detention is extended to maximum permissible duration of twelve months. The conferment order dated 27-02-2026 is reproduced below :

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“Date 27-02-2026

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ORDER

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No.MPDA-0126/CR-11/Spl-3B:-Whereas, the District Magistrate, Akola in exercise of the powers conferred by Section 3 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 Trafficer Act, 1981 (hereinafter referred to as the 'said Act), issued an order on 30" December, 2025 directing that Shri.Akash Alias Karan Vinod Thunkekar, Ro. Labour Colony, Krushi Nagar,Akola, Dist.Akola, be detained under the said Act;

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And whereas, the Advisory Board appointed under the said Act, has opined that there is sufficient cause for the continued detention of the said detenu;

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And whereas, the Government of Maharashtra after considering the opinion/report of the Advisory Board, has decided that it is necessary to confirm the detention of the said detenu;

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Now, therefore, in exercise of the powers conferred by subsection (1) of Section 12 of the said Act, the Government of Maharashtra hereby confirms the detention order issued by District Magistrate, Akola and directs that the detention of the said Shri.Akash Alias Karan Vinod Thunkekar, be continued for a period of twelve months from the dare of detention.

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By order and in name of the Governor of Maharashtra,

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sd/-

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Under Secretary to the Government of Maharashtra, Home Department (Special).”

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¶68

Thus, this is also an identical order as was tested in Akshay Bhaskar Sahare (supra) which was set aside saying that order was passed without assigning reasons for continuation of detention for a specific period and without ascertaining whether the circumstances shall continue to prevail for the specified period.

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In addition to above, the Court had explained the vitality of the Advisory Board as a Constitutional safeguard and noted that in these cases, the Board's role did not rectify the procedural deficiencies at other stages. The corrective steps appears to have been not taken in the present case as well.

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The State Government had assailed the judgment of this Court before the Hon’ble Supreme Court in the case of State of Maharashtra Vs. Akshay Bhaskar Sahare in SLP (Cri) No. 18690/2025 . The Hon’ble Supreme Court, vide order dated 21-11-2025, thought it proper to not interfere with the judgment. Thus, the judgment of this Court attained finality on 21-11-2025. Despite such status, on 30-12-2025, the Deputy Secretary to the Government of Maharashtra has passed order of conferment of powers under Section 3 of the Act of 1981, which was followed by order of approval and order of confirmation of detention. These orders are absolutely identical to the order which this Court found fault with. The illegality, however, has continued, which according to us, is a blatant violation of judgment dated 30-9-2025 passed by this Court in bunch of petitions with lead petition in the case of Akshay Bhaskar Sahare Vs. State of Maharashtra and anr. (Criminal Writ Petition No. 223/2025) .

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In light of the above and since the order of conferment of powers, order of approval and order of confirmation passed under Sections 3(2), 3(3) and 12 of the Act of 1981 are apparently illegal, we

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set aside the said orders dated 30-12-2025, 09-01-2026 and 27-02-2026. The petitioner shall be set at liberty, if not required in any other case.

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The petition is disposed of.

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(Nivedita P. Mehta, J.)

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(Urmila Joshi-Phalke, J.)

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adgokar

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Signed by: MR. P.M. ADGOKAR Designation: PS To Honourable Judge Date: 08/06/2026 19:06:06

Akash Urf Karan Vinod Thunkekar v. State of Maharashtra through Its Secretary Home Department (Special) Mantralaya Mumbai

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Akash Urf Karan Vinod Thunkekar v. State of Maharashtra through Its Secretary Home Department (Special) Mantralaya Mumbai

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