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Supreme Court of India 2024-12-11 allowed

ARJUN S/O RATAN GAIKWAD vs THE STATE OF MAHARASHTRA AND OTHERS

Bench: 2 — B.R. Gavai, K.V. Viswanathan

In Brief

The appellant was detained for twelve months under the Maharashtra Prevention of Dangerous Activities Act based on six cases of illicit liquor manufacture and statements from two unnamed witnesses. The Supreme Court held that not every breach of peace constitutes a threat to public order. Since the Excise Authority had never arrested the appellant despite six registered cases, and the witness statements were vague—alleging only private threats between individuals, not public disorder—the Court found no substantiation that the appellant's activities threatened public order. The detention order was quashed, and the appellant was ordered released, as such cases can be adequately handled by ordinary law and order machinery.

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Criminal Law Preventive Detention Public Order Maharashtra Prevention of Dangerous Activities Act Bootlegging Constitutional Law

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